A/HRC/31/30
C.
Serving the needs of persons with disabilities in situations of conflict
40.
The Committee on the Rights of Persons with Disabilities, in its statement on
disability inclusion (see para. 8 above), recognized the increased exposure to risk of persons
with disabilities during conflict and foreign occupation, particularly in its gender
dimension. The Convention on the Rights of Persons with Disabilities was built upon the
basis that peace and security in observance of applicable human rights instruments are
indispensable for the full protection of persons with disabilities in these contexts. In its
resolution 9/9, the Human Rights Council reiterated that effective measures to guarantee
and monitor the implementation of human rights should be taken in respect of civilian
populations in situations of armed conflict, including people under foreign occupation. The
provisions of the Convention, indivisible and interdependent, should be read in the light of
these considerations.
41.
In its resolution 1894 (2009), the Security Council highlighted the particular impact
that armed conflicts have on persons with disabilities. More recently, in its resolutions 2217
(2015) and 2225 (2015), the Council expressed concern over the situation of persons with
disabilities, including abandonment, violence and lack of access to basic services, and
emphasized the need for humanitarian responses to include persons with disabilities,
especially children. Indeed, persons with disabilities should have access to protection and to
their basic requirements on an equal basis with other civilians during situations of armed
conflict. The President of the Security Council, in a statement delivered on 12 February
2014 during consideration by the Council of the item entitled “Protection of civilians in
armed conflict”, reaffirmed that parties to armed conflict bear the fundamental
responsibility of taking all feasible steps to ensure the protection of affected civilians, and
to meet their basic needs, including the specific needs of persons with disabilities. 55 Highlevel support and internationally agreed standards and guidelines on inclusion of persons
with disabilities in humanitarian action are essential to fulfil their rights in these contexts.
42.
Parties to armed conflicts have an obligation to give effective advance warning prior
to an attack that may affect the civilian population.56 This obligation may be achieved by
different means of communication, including audio, written, visual and alternative means,
while respecting diversity. Failure to comply with this obligation in an accessible and
inclusive manner amounts to discrimination on the basis of disability.
43.
Evidence has shown that, during conflict, the families of persons with disabilities
without adequate support often have to choose between risking their own lives while trying
to save a relative with disability or leaving the said relative behind.57 States, non-State
actors, transitional Governments and non-governmental aid agencies should take into
account persons with disabilities in their response to crisis and recovery actions to ensure
their safety. Some States have established specific mechanisms to guarantee access to aid
for persons with disabilities; for example, during the conflict in Lebanon in 1996, the
authorities were able to locate and distribute aid to persons with disabilities by means of a
national voluntary identification system.
44.
Despite the principles of special protection and rules laid down under international
law that forbid the participation of children in armed conflict, thousands of children still
55
56
57
S/PRST/2014/3.
Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of
Victims of International Armed Conflicts (Protocol I), art. 57 (2)(c).
Human Rights Watch, “Central African Republic: People With Disabilities Left Behind”, 28 April
2015.
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