A/HRC/44/30
Migration, which has a significant impact on all people’s psychosocial well-being, has a
disproportionate impact on the psychosocial well-being of persons with disabilities.40 For
those forced to leave, moving may bring with it challenges related to mobility and
accessibility, as well as a potential loss of crucial personal support networks, which also
impacts psychosocial well-being.41
23.
For persons with disabilities, possibilities of resettlement are often limited. Many
require support systems, including personal assistants, medical equipment and service
animals, that are challenging to transport. Discriminatory immigration policies constitute
another challenge that persons with disabilities face with respect to migrating to other
countries.42
III. A disability-inclusive, human rights-based approach to
climate action
A.
Normative and policy framework
24.
Climate change has an impact on the effective enjoyment of the human rights of
persons with disabilities, including the rights to life, health, food, water and sanitation,
housing, decent work and development. Those rights are enshrined under the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social
and Cultural Rights, the Convention on the Rights of the Child, the Convention on the
Elimination of All Forms of Discrimination against Women and the Convention on the
Rights of Persons with Disabilities. States also have legal obligations, including under
international human rights law, to implement disability-inclusive climate policies that
empower persons with disabilities by ensuring their full and effective participation in
climate action at all levels. Recently developed tools that complement this body of
international human rights law include the Inter-Agency Standing Committee Guidelines on
the inclusion of persons with disabilities in humanitarian action and the United Nations
Disability Inclusion Strategy. In this section OHCHR describes several key legal and policy
instruments that should inform disability-inclusive climate action.
1.
Convention on the Rights of Persons with Disabilities
25.
The Convention on the Rights of Persons with Disabilities reaffirms that all persons
with disabilities are entitled to enjoy all human rights and fundamental freedoms on an
equal basis with others. It offers a guiding framework for actions related to persons with
disabilities, including the building of inclusive climate change responses and resilience. The
general principles set out in the Convention spell out a human rights-based approach, which
in relation to climate resilience is based on non-discrimination, full and effective
participation and inclusion in society, equality of opportunity, accessibility and gender
equality.43
26.
Equality and non-discrimination are fundamental principles and rights under
international human rights law and at the very heart of the Convention. Under the
Convention, they are referred to as general principles in article 3 and as rights in article 5.
In its general comment No. 6 (2018) on equality and non-discrimination, the Committee on
the Rights of Persons with Disabilities emphasized that equality and non-discrimination
were interconnected with human dignity. The obligation of States to provide reasonable
accommodation is enshrined in articles 2 and 5 (3) of the Convention and is fundamental to
ensuring that persons with disabilities can enjoy their rights on an equal basis with others.
40
41
42
43
8
See Mary Keogh and Maria Gonzalez, “Climate change: this century’s defining issue”.
Ibid. and John Twigg and others, “Disability and climate resilience: a literature review”.
See Sébastien Jodoin, Nilani Ananthamoorthy and Katherine Lofts “A disability rights approach to
climate governance”.
See, for example, statement by the Special Rapporteur on the rights of persons with disabilities,
available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16163.
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