Convention of Rights 12: Right to be protected

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 11 of the CRPD says PWDs have the right to be protected in situations of risk like war, humanitarian emergencies and natural disasters.

This Article is important because PWDs are at their most vulnerable during a crisis when basic support mechanisms break down. The 2015 conference report People with disabilities in emergencies, reporting on a meeting between the International Committee of the Red Cross and Human Rights Watch noted that during a war or national emergency PWDs are vulnerable to violence and abandonment, the take home message of the conference was:

More needs to be done to ensure that people with disabilities – both mental and physical – are not left behind or forgotten during humanitarian crises.

PWDs have real difficulties taking care of their basic needs during a crisis. Catalina Devandas, the UN Special Rapporteur on the Rights of PWDs explained:

"These are major and complex challenges, and unfortunately they are not always present in mainstream humanitarian debates".

"The increased number of humanitarian crises and natural disasters has a significant impact on the lives of persons with disabilities. But they are often excluded from initial humanitarian responses."

The vulnerability of PWDs is highlighted in the workbook Human Rights. Yes! Chapter 5: The Right to Life and Protection in Situations of Risk. During a crisis extra support is required, it is therefore important to have plans in place to ensure the personal safety of PWDs. The following is a useful checklist for disaster preparedness:

Checklist for Community Disaster Preparedness For Persons with Disabilities

• Do get involved in public disaster planning in your community.
• Don’t wait until a disaster, and persons with disabilities are left behind.
• Do get prepared at home and then expand preparedness to public settings.
• Don’t assume evacuation plans exist for persons with disabilities.
• Do form an “Accessibility Committee” at work and other public places.
• Don’t assume you will be evacuated with everyone else.
• Do explore evacuation options with emergency managers and others.
• Don’t overlook alternatives, such as evacuation chairs.
• Do share the plan with all those in the building/area and then run practice evacuation drills.
• Don’t wait until the disaster to raise awareness on disability issues.
• Do learn about disasters and share that knowledge.
• Don’t forget to check shelter accessibility and service animal provisions.
• Do talk to local emergency managers about disability rights.
• Don’t wait to train and educate others about the plan procedures.
• Do initiate talking to managers, responders and Red Cross/Red Crescent.
• Don’t forget to develop a network of supporters who can assist you.
• Do remember to participate so that “Nobody is Left Behind”!

Do you have a plan for an emergency or humanitarian crisis? 

A severely disabled boy crawls in the dirt near his tent at the Pagarinya refugee camp.
People with disabilities are vulnerable during war and other crises.

This is written in Article 11 of the CRPD in the following way:

Article 11

Situations of risk and humanitarian emergencies

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.