COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part V. Rights of Vulnerable Groups. 7/11   
6. Rights of Refugees with Disabilities
Disabled persons who have to leave their countries find themselves in particularly
disadvantaged situations. Disabled refugees are an extremely vulnerable group and are,
therefore, in need of special attention. However, there are no legal instruments at an
international level, as such, to protect the rights disabled refugees. Disabled refugees
can only refer to scattered provisions of conventions, instruments and international
humanitarian law.
According to the Convention relating to the Status of Refugees, the
legal definition for a refugee is "...a person who is outside his country of origin
and cannot return to it owing to a well-founded fear of persecution for reasons of race,
religion, nationality, or political opinion." Indeed Article 1 states:
"The term refugee shall apply to any person who:
(...)
(2) as a result of events occurring before 1 January 1951 and owing to well-founded fear
of being persecuted for reasons of race, religion nationality, membership of a particular
social group or political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of the protection of that
country; or who, not having a nationality and being outside the country of his former
habitual residence as a result of such events, is unable or,owing to such fear is
unwilling to return to it".
The 1951 dateline originated in the wish of Governments, at the time the Convention was
adopted, to limit their obligations to refugee situations that were known to exist at that
time, or those which might subsequently arise from the events that had already occurred.
By accession to the 1967 Protocol, States undertake to apply the substantive provisions of
the Convention to refugees as defined in the Convention, but without the 1951 dateline.
The Refugee convention applies to all refugees, equally. Some of the basic provisions
can be stated as follows:
a) Article 24 of the Convention relating to the Status of Refugees:
"The Contracting States shall accord to refugees lawfully staying in their
territory the same treatment as is accorded to nationals in respect of the following
matters:
(...)
(b) Social security (legal provisions in respect of employment injury, occupational
diseases, maternity, sickness, disability, old age, death, unemployment, family
responsibilities and any other contingency which, according to national laws or
regulations, is covered by social security scheme), subject to the following limitations:
there may be appropriate arrangements for the maintenance of acquired rights and rights
in course of acquisition;
national laws or regulations of the country of residence may prescribe special
arrangements concerning benefits or portions of benefits which are payable wholly out of
public funds, and concerning allowances paid to persons who do not fulfil the contribution
conditions prescribed for the award of a normal pension."
b) However, the main provisions to which disabled refugees will refer for their
protection will be the following ones: Articles 3, 7, 17, 18, 19, 31, 33.
The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities present the United Nations core in the field of disability. These
rules seek to provide guidelines for efforts by Governments to further opportunities for
equal participation of persons with disabilities in all aspects of society. The 22 Rules
listed in the Annex to General Assembly resolution 48/96 represent practical tools to
improve the quality of life and well-being of persons with disabilities, and focus on
removal of barriers to their full and effective participation in social and economic
development. The Rules contain a monitoring mechanism as a means to providing assistance
in continuing efforts, on the part of Governments in implementing the Rules, to further
advance rights of persons with disabilities. Although the Rules do not have full force in
international law, the Rules as adopted by a large number of States, can imply a strong
moral and political commitment to the equalization of opportunities for disabled persons
world-wide.
Rule 21 requires that measures to achieve the equalization of opportunities of disabled
refugees should be integrated into general development programmes.
The Trust Fund for Handicapped Refugees was set up with funds originating from the
Nobel Peace Prize granted to the UNHCR in 1981. Before this, little was known of disabled
refugees, many or whom became disabled through violent encounters. Since then, the
UNHCR has helped many disabled refugees by covering the costs of social, medical and
rehabilitative assistance when these were not provided by the home country of the refugee,
or when access and facilities were denied to disabled refugees.
The Guidelines for Educational Assistance to Refugees emphasise that
all "...measures for disabled refugees are based on all the concept of
community-level care and are incorporated into the overall Care and Maintenance
Programme."
Under the Immigration and Nationality Act (INA), the United States may
grant asylum to a refugee who " ... is unable or unwilling to avail himself or
herself of the protection of that country because of persecution or a well founded fear of
persecution on account of race, religion, nationality, membership in a particular social
group, or political opinion." Even though the INA does not specifically provide that
persons with disabilities may qualify for asylum or withholding of removal, in a recent
unpublished decision, the Asylum Office in Chicago granted asylum to a 10-year old boy
with autism based on the persecution he would face in his home country of Pakistan as a
member of the social group of persons with developmental disabilities. His mother alleged
that the child was subjected to degrading and dangerous mystical treatments, such as being
forced to drink dirty water. The Maternal and Infant Health Care Law of China mandates the
sterilization of people with serious genetic defects. Congress amended the INA to
include forced sterilization as grounds for refugee status in Section 601 of the Illegal
Immigration and Immigrant Responsibility Act of 1996.
6.1 Rights of Refugee Children
The Conclusion on Refugee Children[68]stresses
that "... the need for internationally and nationally supported programmes geared to
preventive action, special assistance and rehabilitation for disabled refugee children and
encouraged States to participate in the "Twenty or More" Plan providing for the
resettlement of disabled refugee children." The "Ten or More" plan created
in 1973 and increased in 1984 to the "Twenty or More" plan, together with other
special programmes, gives the highest priority to children who are disabled or victims of
torture.
6.2 Rights of Refugee Women with Disabilities
Recognition of disabled refugee women, who are subject to multiple levels of
discrimination, is taken into account within the UNHCR guidelines.
6.3 Regional Instruments Applicable to Refugees - Africa
Article 4 of the Convention Governing the Specific Aspects of Refugee Problems in
Africastates: "Member States undertake to apply the provisions of this Convention to
all refugees without discrimination as to race, religion, nationality, membership of a particular
social group or political opinions." (emphasis added).
The Addis Ababa Document on Refugees and Forced Population Displacements in
Africa states in the recommendation 8 states that " ...the international
Community, the UN, the UNHCR and other relevant organizations, should support and assist
host Governments in fulfilling their responsibilities towards refugees in a manner
consistent with the principles of refugee law on the one hand, and legitimate national
security, social and economic interests on the other hand. In particular, financial,
material and technical assistance should be made available to (...) provide food, water,
shelter, sanitation and medical services on a timely basis so that refugees and local
populations alike are not put in a life-endangering situation."
68. Adopted by the Executive Committee of the
UNHCR in 1987, Conclusion No. 47 (XXXVIII).
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