Pub Date : 2022-11-15DOI: 10.1017/s181638312200087x
Emina Ćerimović
Abstract In armed conflicts and crises, children with disabilities face serious threats to their lives and safety, including those related to their inability to flee attacks, risk of abandonment, lack of access to assistive devices, lack of access to basic services and denial of education as well as experiences of stigma, abuse, psychological harm and poverty. Children with disabilities experience multiple and intersecting forms of human rights violations based on their disability and age. Since 2015, Human Rights Watch has documented the impact of armed conflict on children with disabilities in Afghanistan, Cameroon, the Central African Republic, the Gaza Strip in the Occupied Palestinian Territory, South Sudan, Syria and Yemen. While international human rights specifically call for the protection of children with disabilities in situations of armed conflict, the United Nations, governments, parties to the conflict and humanitarian actors have long neglected their specific rights and needs. There is an urgent need for the United Nations and governments to increase efforts to protect children with disabilities as part of their international commitments to protect all children impacted by hostilities. Their attention and investment in those most at risk of violence during armed conflicts will in turn enhance protection measures for everyone.
{"title":"At risk and overlooked: Children with disabilities and armed conflict","authors":"Emina Ćerimović","doi":"10.1017/s181638312200087x","DOIUrl":"https://doi.org/10.1017/s181638312200087x","url":null,"abstract":"Abstract In armed conflicts and crises, children with disabilities face serious threats to their lives and safety, including those related to their inability to flee attacks, risk of abandonment, lack of access to assistive devices, lack of access to basic services and denial of education as well as experiences of stigma, abuse, psychological harm and poverty. Children with disabilities experience multiple and intersecting forms of human rights violations based on their disability and age. Since 2015, Human Rights Watch has documented the impact of armed conflict on children with disabilities in Afghanistan, Cameroon, the Central African Republic, the Gaza Strip in the Occupied Palestinian Territory, South Sudan, Syria and Yemen. While international human rights specifically call for the protection of children with disabilities in situations of armed conflict, the United Nations, governments, parties to the conflict and humanitarian actors have long neglected their specific rights and needs. There is an urgent need for the United Nations and governments to increase efforts to protect children with disabilities as part of their international commitments to protect all children impacted by hostilities. Their attention and investment in those most at risk of violence during armed conflicts will in turn enhance protection measures for everyone.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"76 1","pages":"192 - 216"},"PeriodicalIF":0.7,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86510802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-11DOI: 10.1017/s1816383122000935
Alexander Breitegger
Abstract While persons with disabilities are protected under existing international humanitarian law (IHL), the specific risks and barriers to which these persons are exposed during armed conflict must be better factored into the interpretation and implementation of these rules. The complementarity between IHL and the Convention on the Rights of Persons with Disabilities (CRPD) may make an important contribution towards a more disability-inclusive implementation of IHL. This article focuses on two major areas addressed by IHL – namely, the conduct of hostilities and detention – against the backdrop of the concept of and agency associated with disability enshrined in the CRPD. This analysis is based on the lived experiences shared by persons with disabilities in consultations co-organized in 2022 by the UN Special Rapporteur on the Rights of Persons with Disabilities, the International Committee of the Red Cross, the International Disability Forum, the European Disability Forum and the Diakonia IHL Centre.
{"title":"Increasing visibility of persons with disabilities in armed conflict: Implications for interpreting and applying IHL","authors":"Alexander Breitegger","doi":"10.1017/s1816383122000935","DOIUrl":"https://doi.org/10.1017/s1816383122000935","url":null,"abstract":"Abstract While persons with disabilities are protected under existing international humanitarian law (IHL), the specific risks and barriers to which these persons are exposed during armed conflict must be better factored into the interpretation and implementation of these rules. The complementarity between IHL and the Convention on the Rights of Persons with Disabilities (CRPD) may make an important contribution towards a more disability-inclusive implementation of IHL. This article focuses on two major areas addressed by IHL – namely, the conduct of hostilities and detention – against the backdrop of the concept of and agency associated with disability enshrined in the CRPD. This analysis is based on the lived experiences shared by persons with disabilities in consultations co-organized in 2022 by the UN Special Rapporteur on the Rights of Persons with Disabilities, the International Committee of the Red Cross, the International Disability Forum, the European Disability Forum and the Diakonia IHL Centre.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"18 1","pages":"99 - 134"},"PeriodicalIF":0.7,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85415034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-09DOI: 10.1017/S1816383122000832
Mar Maltez
Abstract Persons with disabilities are entitled to certain protections under international law, including in the context of armed conflict. These individuals are especially vulnerable in a crisis situation. Too often, when emergency humanitarian relief is provided, these protections are afforded inadequately or not at all, due to personal prejudice, lack of resources or training, or because there is no systemic requirement to do so. This paper uses a narrative-based approach to illustrate typical lived experiences of persons with disabilities both as workers in the area of humanitarian relief, and recipients thereof. It illustrates the challenges and inadequacies of a system that fails to recognize the rights that should be provided to those with physical and/or neurodevelopmental differences. It highlights the discrepancy between legal rights and actual provision of service and the different needs of those with disabilities in the circumstance of armed conflict. The article points to specific areas of failure, and the need for an inclusive approach in programming.
{"title":"“I'mpossible”: Some challenges of implementing international law in the area of humanitarian affairs for persons with disabilities","authors":"Mar Maltez","doi":"10.1017/S1816383122000832","DOIUrl":"https://doi.org/10.1017/S1816383122000832","url":null,"abstract":"Abstract Persons with disabilities are entitled to certain protections under international law, including in the context of armed conflict. These individuals are especially vulnerable in a crisis situation. Too often, when emergency humanitarian relief is provided, these protections are afforded inadequately or not at all, due to personal prejudice, lack of resources or training, or because there is no systemic requirement to do so. This paper uses a narrative-based approach to illustrate typical lived experiences of persons with disabilities both as workers in the area of humanitarian relief, and recipients thereof. It illustrates the challenges and inadequacies of a system that fails to recognize the rights that should be provided to those with physical and/or neurodevelopmental differences. It highlights the discrepancy between legal rights and actual provision of service and the different needs of those with disabilities in the circumstance of armed conflict. The article points to specific areas of failure, and the need for an inclusive approach in programming.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"63 1","pages":"217 - 229"},"PeriodicalIF":0.7,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81281727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-08DOI: 10.1017/S1816383122000868
M. Mojtahedi, Riikka Mikkola, N. Saxén
Abstract Despite increasing awareness and high-level commitments on disability inclusion by humanitarian donors and actors, persons with disabilities continue to be ignored from humanitarian assistance. Rights and inclusion of persons with disabilities are a foreign policy priority for the Ministry for Foreign Affairs of Finland, including in humanitarian assistance. The primary means for donors, such as Finland, to promote disability-inclusive humanitarian action are funding and advocacy. Trade-offs between flexible and earmarked funding for disability inclusion are challenging when reporting on results is inadequate. This article shares examples on how the Ministry promotes inclusion of persons with disabilities in humanitarian action and explores challenges that need to be resolved by stakeholders.
{"title":"Advancing rights and inclusion of persons with disabilities in humanitarian action: a donor perspective","authors":"M. Mojtahedi, Riikka Mikkola, N. Saxén","doi":"10.1017/S1816383122000868","DOIUrl":"https://doi.org/10.1017/S1816383122000868","url":null,"abstract":"Abstract Despite increasing awareness and high-level commitments on disability inclusion by humanitarian donors and actors, persons with disabilities continue to be ignored from humanitarian assistance. Rights and inclusion of persons with disabilities are a foreign policy priority for the Ministry for Foreign Affairs of Finland, including in humanitarian assistance. The primary means for donors, such as Finland, to promote disability-inclusive humanitarian action are funding and advocacy. Trade-offs between flexible and earmarked funding for disability inclusion are challenging when reporting on results is inadequate. This article shares examples on how the Ministry promotes inclusion of persons with disabilities in humanitarian action and explores challenges that need to be resolved by stakeholders.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"11 1","pages":"416 - 433"},"PeriodicalIF":0.7,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81926805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Autonomous weapons systems have been the subject of heated debate since 2010, when Philip Alston, then Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, brought the issue to the international spotlight in his interim report to the United Nations (UN) General Assembly 65th Session. Alston affirmed that “automated technologies are becoming increasingly sophisticated, and artificial intelligence reasoning and decision-making abilities are actively being researched and receive significant funding. States’ militaries and defence industry developers are working to develop ‘fully autonomous capability’, such that technological advances in artificial intelligence will enable unmanned aerial vehicles to make and execute complex decisions, including the identification of human targets and the ability to kill them.”1 Later, in 2013, Christof Heyns, who was Special Rapporteur for Extrajudicial, Summary or Arbitrary Executions at the time, published a report that elaborated further on the issues raised by what he called “lethal autonomous robotics”.2 Following a recommendation by Advisory Board on Disarmament Matters at the UN General Assembly 68th Session, the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, as amended on 21 December 2021, started discussing autonomous weapons systems in 2014. Then, the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems (GGE on LAWS)3 was created in 2016 to focus on this issue.4 While the group has kept meeting since then, no clear steps have been taken yet towards a normative framework on autonomous weapons as of September 2022. In all these years, persons with disabilities – including conflict survivors – have not been included in discussions, nor has the disability perspective been reflected in international debate on autonomous weapons. Only recently has there been any effort to consider the rights of persons with disabilities when examining ethical questions related to artificial intelligence (AI). In this article, we will examine how and why autonomous weapons have a disproportionate impact on persons with disabilities, because of the discrimination that results from a combination of factors such as bias in AI, bias in the military and the police, barriers to justice and humanitarian assistance in situations of armed conflict, and the lack of consultation and participation of persons with disabilities and their representative organizations on issues related to autonomy in weapons systems.
自2010年以来，自主武器系统一直是激烈辩论的主题，当时的法外处决、即审即决或任意处决问题特别报告员菲利普·奥尔斯顿(Philip Alston)在向联合国大会第65届会议提交的中期报告中将这一问题置于国际聚光灯下。阿尔斯通肯定地说:“自动化技术正变得越来越复杂，人工智能推理和决策能力正在得到积极研究，并获得了大量资金。各国的军事和国防工业开发商正在努力开发“完全自主能力”，这样人工智能的技术进步将使无人机能够做出和执行复杂的决策，包括识别人类目标和杀死他们的能力。1后来，2013年，时任法外处决、即审即决或任意处决问题特别报告员的克里斯托弗·海恩斯(Christof Heyns)发表了一份报告，进一步阐述了他所谓的“致命自主机器人”所引发的问题根据联合国大会第六十八届会议裁军事项咨询委员会的建议，经2021年12月21日修订的《禁止或限制使用某些可被认为具有过分伤害力或滥杀滥伤作用的常规武器公约》于2014年开始讨论自主武器系统。随后，致命自主武器系统领域新兴技术政府专家组(GGE on LAWS)于2016年成立，专注于这一问题自那以后，该组织一直在举行会议，但截至2022年9月，尚未采取任何明确步骤来制定自主武器的规范框架。这些年来，包括冲突幸存者在内的残疾人没有被纳入讨论，残疾人的观点也没有反映在关于自主武器的国际辩论中。直到最近，在审查与人工智能(AI)有关的伦理问题时，才开始考虑残疾人的权利。在本文中，我们将研究自主武器如何以及为什么对残疾人产生不成比例的影响，这是因为人工智能的偏见、军队和警察的偏见、武装冲突局势中司法和人道主义援助的障碍、以及残疾人及其代表组织在与武器系统自治相关的问题上缺乏协商和参与等因素综合造成的歧视。
{"title":"The risks of autonomous weapons: An analysis centred on the rights of persons with disabilities","authors":"Mariana Díaz Figueroa, Anderson Henao Orozco, Jesús Martínez, Wanda Muñoz Jaime","doi":"10.1017/S1816383122000881","DOIUrl":"https://doi.org/10.1017/S1816383122000881","url":null,"abstract":"Abstract Autonomous weapons systems have been the subject of heated debate since 2010, when Philip Alston, then Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, brought the issue to the international spotlight in his interim report to the United Nations (UN) General Assembly 65th Session. Alston affirmed that “automated technologies are becoming increasingly sophisticated, and artificial intelligence reasoning and decision-making abilities are actively being researched and receive significant funding. States’ militaries and defence industry developers are working to develop ‘fully autonomous capability’, such that technological advances in artificial intelligence will enable unmanned aerial vehicles to make and execute complex decisions, including the identification of human targets and the ability to kill them.”1 Later, in 2013, Christof Heyns, who was Special Rapporteur for Extrajudicial, Summary or Arbitrary Executions at the time, published a report that elaborated further on the issues raised by what he called “lethal autonomous robotics”.2 Following a recommendation by Advisory Board on Disarmament Matters at the UN General Assembly 68th Session, the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, as amended on 21 December 2021, started discussing autonomous weapons systems in 2014. Then, the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems (GGE on LAWS)3 was created in 2016 to focus on this issue.4 While the group has kept meeting since then, no clear steps have been taken yet towards a normative framework on autonomous weapons as of September 2022. In all these years, persons with disabilities – including conflict survivors – have not been included in discussions, nor has the disability perspective been reflected in international debate on autonomous weapons. Only recently has there been any effort to consider the rights of persons with disabilities when examining ethical questions related to artificial intelligence (AI). In this article, we will examine how and why autonomous weapons have a disproportionate impact on persons with disabilities, because of the discrimination that results from a combination of factors such as bias in AI, bias in the military and the police, barriers to justice and humanitarian assistance in situations of armed conflict, and the lack of consultation and participation of persons with disabilities and their representative organizations on issues related to autonomy in weapons systems.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"33 1","pages":"278 - 305"},"PeriodicalIF":0.7,"publicationDate":"2022-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78113421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-07DOI: 10.1017/s1816383122000911
Ibrahim Ngila Kikuni, Florent Munenge Mudage
Abstract This study analyses the situation of persons with disabilities caught up in armed conflict in the Democratic Republic of the Congo, in particular in North Kivu Province. The study goes beyond the few statistics available – which show the vulnerability of persons with disabilities during humanitarian crises – to identify the obstacles to taking persons with disabilities into account in humanitarian action in North Kivu. As a result, the study provides practical recommendations to overcome these obstacles, fill in the gaps in humanitarian action and improve the situation of persons with disabilities by ensuring efficient and effective protection in times of armed conflict.
{"title":"Protecting disabled people during armed conflict in North Kivu: Challenges and perspectives","authors":"Ibrahim Ngila Kikuni, Florent Munenge Mudage","doi":"10.1017/s1816383122000911","DOIUrl":"https://doi.org/10.1017/s1816383122000911","url":null,"abstract":"Abstract This study analyses the situation of persons with disabilities caught up in armed conflict in the Democratic Republic of the Congo, in particular in North Kivu Province. The study goes beyond the few statistics available – which show the vulnerability of persons with disabilities during humanitarian crises – to identify the obstacles to taking persons with disabilities into account in humanitarian action in North Kivu. As a result, the study provides practical recommendations to overcome these obstacles, fill in the gaps in humanitarian action and improve the situation of persons with disabilities by ensuring efficient and effective protection in times of armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"8 1","pages":"230 - 241"},"PeriodicalIF":0.7,"publicationDate":"2022-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82130341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-02DOI: 10.1017/S1816383122000741
Alexa Magee
Abstract Despite the fact that persons with disabilities comprise, according to current statistics, a significant portion of conflict-affected communities and are disproportionately affected by armed conflict, the lack of inclusion in accountability mechanisms for acts amounting to crimes under international law is notable. The Convention on the Rights of Persons with Disabilities (CRPD) provides a framework for mainstreaming inclusive investigation practices and promoting greater accountability, through application of the principles of autonomy, non-discrimination and accessibility. This article makes suggestions for the operationalization of this CRPD framework through specific recommendations for accountability mechanisms, alongside legal opportunities for recognition of crimes affecting persons with disabilities and crimes resulting in disability. A case study of the so-called Islamic State of Iraq and the Levant and persons with disabilities in Iraq is used to illustrate the application of recommendations to ensure that persons with disabilities are no longer the “forgotten victims of armed conflict”.
{"title":"No longer the “forgotten victims of armed conflict”: Operational and legal considerations for accountability mechanisms regarding crimes affecting persons with disabilities","authors":"Alexa Magee","doi":"10.1017/S1816383122000741","DOIUrl":"https://doi.org/10.1017/S1816383122000741","url":null,"abstract":"Abstract Despite the fact that persons with disabilities comprise, according to current statistics, a significant portion of conflict-affected communities and are disproportionately affected by armed conflict, the lack of inclusion in accountability mechanisms for acts amounting to crimes under international law is notable. The Convention on the Rights of Persons with Disabilities (CRPD) provides a framework for mainstreaming inclusive investigation practices and promoting greater accountability, through application of the principles of autonomy, non-discrimination and accessibility. This article makes suggestions for the operationalization of this CRPD framework through specific recommendations for accountability mechanisms, alongside legal opportunities for recognition of crimes affecting persons with disabilities and crimes resulting in disability. A case study of the so-called Islamic State of Iraq and the Levant and persons with disabilities in Iraq is used to illustrate the application of recommendations to ensure that persons with disabilities are no longer the “forgotten victims of armed conflict”.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"90 1","pages":"518 - 541"},"PeriodicalIF":0.7,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77222048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-02DOI: 10.1017/S1816383122000765
Sara La Vecchia
Abstract The Convention on the Rights of Persons with Disabilities has brought about a major shift in our understanding of and approach to disability, not least in terms of its implications for other frameworks of international law. Yet, considerations with regard to disability in the context of international humanitarian law (IHL) remain the exception, meaning that persons with disabilities in practice often do not benefit from the same degree of protection as others who find themselves in situations of armed conflict. These shortcomings can be further exacerbated by an interplay between impairment and other individual characteristics such as gender and age, resulting in at times exceptional disadvantages faced by women and girls with disabilities. The present article therefore aims to propose ways in which our modern-day understanding of disability may inform the interpretation and application of IHL, as well as to showcase how the interaction between disability and other characteristics such as gender and age will shape said interpretation and application.
{"title":"The protection of women and girls with disabilities in armed conflict: Adopting a gender-, age- and disability-inclusive approach to select IHL provisions","authors":"Sara La Vecchia","doi":"10.1017/S1816383122000765","DOIUrl":"https://doi.org/10.1017/S1816383122000765","url":null,"abstract":"Abstract The Convention on the Rights of Persons with Disabilities has brought about a major shift in our understanding of and approach to disability, not least in terms of its implications for other frameworks of international law. Yet, considerations with regard to disability in the context of international humanitarian law (IHL) remain the exception, meaning that persons with disabilities in practice often do not benefit from the same degree of protection as others who find themselves in situations of armed conflict. These shortcomings can be further exacerbated by an interplay between impairment and other individual characteristics such as gender and age, resulting in at times exceptional disadvantages faced by women and girls with disabilities. The present article therefore aims to propose ways in which our modern-day understanding of disability may inform the interpretation and application of IHL, as well as to showcase how the interaction between disability and other characteristics such as gender and age will shape said interpretation and application.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"20 1","pages":"161 - 191"},"PeriodicalIF":0.7,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82759777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.1017/s1816383122000777
Bogna Ruminowicz
Abstract Persons with disabilities are at higher risk of injury or death during an armed conflict, either as specific targets or through inability to protect themselves. Humanitarian responses concentrate on meeting the immediate basic needs of an average population. Yet historically, the situation of persons with disabilities during armed conflict, as well as peacebuilding processes, has been largely absent in the discussion at the Security Council. On 20 June 2019, the United Nations Security Council unanimously passed Resolution 2475. This groundbreaking text marks the first time the Council has dedicated an entire resolution to the situation of persons with disabilities in situations of armed conflict. The resolution has significantly raised the attention and understanding of the situation of persons with disabilities in the context of the armed conflict in the Security Council and beyond. This article details the process that led to Resolution 2475, as well as what has happened since.
{"title":"Advancing towards inclusive peace and security: Persons with disabilities and Security Council Resolution 2475","authors":"Bogna Ruminowicz","doi":"10.1017/s1816383122000777","DOIUrl":"https://doi.org/10.1017/s1816383122000777","url":null,"abstract":"Abstract Persons with disabilities are at higher risk of injury or death during an armed conflict, either as specific targets or through inability to protect themselves. Humanitarian responses concentrate on meeting the immediate basic needs of an average population. Yet historically, the situation of persons with disabilities during armed conflict, as well as peacebuilding processes, has been largely absent in the discussion at the Security Council. On 20 June 2019, the United Nations Security Council unanimously passed Resolution 2475. This groundbreaking text marks the first time the Council has dedicated an entire resolution to the situation of persons with disabilities in situations of armed conflict. The resolution has significantly raised the attention and understanding of the situation of persons with disabilities in the context of the armed conflict in the Security Council and beyond. This article details the process that led to Resolution 2475, as well as what has happened since.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"19 1","pages":"449 - 458"},"PeriodicalIF":0.7,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74728507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.1017/S1816383122000753
Bonnie Docherty, Alicia Sanders-Zakre
Abstract The establishment of victim assistance as a core element of humanitarian disarmament emerged from three treaties: the 1997 Mine Ban Treaty (MBT), the 2006 Convention on the Rights of Persons with Disabilities (CRPD) and the 2008 Convention on Cluster Munitions (CCM). The MBT introduced the concept of victim assistance, and the CPRD created a framework of human rights that influenced its evolution. Drawing on its predecessors, the CCM made victim assistance a robust and rights-based legal obligation. This article analyses the negotiating history and content of the treaties to show how victim assistance evolved, particularly in the areas of inclusion and human rights. It examines the treaties’ implementation, which reveals that while the CRPD set standards for victim assistance, the MBT and CCM's victim assistance programmes have benefitted persons with disabilities in practice. Finally, it offers lessons from the MBT, CRPD and CCM for implementation and interpretation of victim assistance obligations under the 2017 Treaty on the Prohibition of Nuclear Weapons. The article concludes that the three treaties have collectively established assisting victims as a feature of disarmament law, helped persons with disabilities realize their rights, and laid the groundwork for adapting victim assistance to new challenges.
{"title":"The origins and influence of victim assistance: Contributions of the Mine Ban Treaty, Convention on the Rights of Persons with Disabilities and Convention on Cluster Munitions","authors":"Bonnie Docherty, Alicia Sanders-Zakre","doi":"10.1017/S1816383122000753","DOIUrl":"https://doi.org/10.1017/S1816383122000753","url":null,"abstract":"Abstract The establishment of victim assistance as a core element of humanitarian disarmament emerged from three treaties: the 1997 Mine Ban Treaty (MBT), the 2006 Convention on the Rights of Persons with Disabilities (CRPD) and the 2008 Convention on Cluster Munitions (CCM). The MBT introduced the concept of victim assistance, and the CPRD created a framework of human rights that influenced its evolution. Drawing on its predecessors, the CCM made victim assistance a robust and rights-based legal obligation. This article analyses the negotiating history and content of the treaties to show how victim assistance evolved, particularly in the areas of inclusion and human rights. It examines the treaties’ implementation, which reveals that while the CRPD set standards for victim assistance, the MBT and CCM's victim assistance programmes have benefitted persons with disabilities in practice. Finally, it offers lessons from the MBT, CRPD and CCM for implementation and interpretation of victim assistance obligations under the 2017 Treaty on the Prohibition of Nuclear Weapons. The article concludes that the three treaties have collectively established assisting victims as a feature of disarmament law, helped persons with disabilities realize their rights, and laid the groundwork for adapting victim assistance to new challenges.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"40 1","pages":"252 - 277"},"PeriodicalIF":0.7,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87653087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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