A/HRC/31/30
I. Introduction
1.
In its resolution 28/4, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to prepare a report on the rights
of persons with disabilities under article 11 of the Convention on the Rights of Persons with
Disabilities, on situations of risk and humanitarian emergencies, in consultation with States
parties and other relevant stakeholders, regional organizations, the Special Rapporteur on
the rights of persons with disabilities, civil society organizations, including organizations of
persons with disabilities, and national human rights institutions. The Council also requested
that contributions be submitted in an accessible format and be made available together with
the report in an easy-to-read-version on the OHCHR website prior to the thirty-first session
of the Council.
2.
Pursuant to the request of the Human Rights Council, OHCHR solicited
contributions and received 27 responses from States parties, seven from national human
rights institutions and 11 from civil society organizations and other stakeholders. 1
II. Rights of persons with disabilities in situations of risk and
humanitarian emergencies
3.
The Convention on the Rights of Persons with Disabilities has marked a paradigm
shift, adopting a human rights-based approach to disability with a focus on the removal of
barriers to the inclusion and participation of persons with disabilities in society and on the
enjoyment of their rights on an equal basis with others. International humanitarian law on
the other hand has been codified under previously dominant understandings of disability,
notably the medical model of disability, which focuses exclusively on the impairment of the
person and reflects a paternalistic approach to persons with disabilities. 2 These concepts
have been superseded by the human rights-based approach to disability framed in the
Convention.
4.
Article 11 of the Convention on the Rights of Persons with Disabilities reinforces
and specifies States’ obligations under international humanitarian law to ensure the
protection and safety of persons with disabilities in situations of risk, including armed
conflict, humanitarian emergencies and natural disasters, consistent with the approach
adopted by the Convention. Notably, during the negotiations on the Convention, the need to
embrace a human rights-based approach to disability in the humanitarian protection of
persons with disabilities led to the discarding of references to persons with disabilities as a
“vulnerable” or “neglected” group in connection with emergency situations. The Geneva
Conventions use terms such as “wounded” and “sick”, which, when used without further
qualifications to refer to persons with disabilities, contradict the standards of the
Convention on the Rights of Persons with Disabilities. Article 11 of the Convention calls
for international humanitarian law to be read through a human rights-based approach to
disability. This will necessarily lead to substantive changes in policy and practice.
5.
The Committee on the Rights of Persons with Disabilities has developed several
standards in its concluding observations under article 11. States are required to adopt or
1
2
The full texts of submissions received are available on the OHCHR website at
www.ohchr.org/EN/Issues/Disability/Pages/StudiesReportsPapers.aspx.
See for example the Geneva Conventions of 12 August 1949 and the Protocols additional to the
Geneva Conventions of 1977.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents