Disability and Refugee Protection

Recent years have seen major change in the way vulnerable migrants – including persons with disabilities – have been recognized as subjects of international law deserving of attention and protection in disaster situations. This chapter traces the recent evolution of international law and policy governing the rights of persons with disabilities living as refugees and humanitarian migrants, bereft of state protection. It examines UN and agency-level responses to the UN Convention on the Rights of Persons with Disabilities (CRPD) in the management of persons displaced by human conflict. The COVID-19 pandemic both disrupted asylum law and amplified inequalities and inequity. The chapter explores key elements of the Refugee Convention as it applies to persons with disabilities, using the concept of “reasonable accommodation” enshrined in Art 2 and Art 5(3) of the CRPD adopted as a unifying theme. It examines how obligations to accommodate for disability should alter processes to determine refugee status. The chapter concludes by discussing durable solutions for refugees with disabilities and international human rights treaty law.