A/HRC/31/30
educational systems be created, including for children with disabilities.28 The Committee on
the Elimination of Discrimination against Women, in a statement on the situation of women
in Gaza, in July 2014, expressed concern at the number of women and girls, including those
with disabilities, facing forced displacement, with little or no access to social services, and
at women with disabilities either left behind in camps or in reconstruction contexts who
were subjected to gender-based and sexual violence.29 It has requested States to pay
particular attention to the needs of internally displaced women, including women with
disabilities.30
17.
In its conclusion No. 110 (LXI) of 12 October 2010, the Office of the United
Nations High Commissioner for Refugees (UNHCR) recalled the Convention on the Rights
of Persons with Disabilities to underscore the principles of dignity and equality, nondiscrimination, and respect for the rights and participation of refugees and others with
disabilities protected and assisted by UNHCR. It encourages States parties to ensure
adequate protection for refugee women and children with disabilities and to facilitate access
to mainstream and specialized services, including those provided through international
cooperation. Furthermore, according to the principles on housing and property restitution
for refugees and displaced persons,31 persons with disabilities are entitled to have restored
to them any housing, land and/or property of which they were arbitrarily deprived, or
failing that, to be compensated.
18.
Recent developments show an increasing awareness of persons with disabilities in
emergency situations. The African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa (Kampala Convention) requires States parties to
respect and protect the human rights of internally displaced persons, including the rights to
non-discrimination, equality and equal protection of the law (art. 1 (d)) and, in particular, to
provide persons with disabilities with special protection and assistance (art. 9.2 (c)). In its
resolution CD/13/R9 on the inclusion of persons with disabilities, the Council of Delegates
of the International Red Cross and Red Crescent Movement, recalling the Convention on
the Rights of Persons with Disabilities, urged all components of the Movement to work
with Governments to help to implement relevant instruments of international law to support
the rights of persons with disabilities, and to address discrimination, change perceptions
and combat stereotypes and prejudice.
19.
In June 2014, States parties to the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
adopted the Maputo Action Plan 2014-2019, under which they committed to integrate those
with disabilities into the broader legal frameworks related to the rights of persons with
disabilities, reflecting thus a more updated understanding of the issue. The preamble to the
Convention on Cluster Munitions refers directly to the importance of the Convention on the
Rights of Persons with Disabilities, recognizing the principle of non-discrimination against
and among persons with disabilities. The Convention also requires States parties to develop
and implement plans and budgets for including persons with disabilities considered in the
treaty in existing national disability, development and human-rights frameworks and
mechanisms (art. 5.2 (c) and (e)). The Dubrovnik Action Plan reinforces this obligation.
These two treaties specifically regard as protected groups those who acquired their
impairment through the explosion of land mines and cluster munitions. The obligations
stemming from the treaties on monitoring the situation of these particular groups should not
28
29
30
31
CRC/C/AFG/CO/1, para. 61 (a).
See CEDAW/C/UGA/CO/7, para. 25.
See CEDAW/C/NGA/CO/6, para. 38; and CEDAW/C/RWA/CO/6, para. 39.
E/CN.4/Sub.2/2005/17, annex.
7
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