REFUGEE RIGHTS, THE GENDERED NATURE OF DISPLACEMENT

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Context: Armed conflict, violence, human rights abuses, and persecution have reportedly displaced 117.3 million people worldwide by the end of 2023, with 37.6 million of them being refugees.

Details

• Millions of people around the world are forced to flee their homes due to armed conflict, violence, and persecution. This situation results in a substantial number of displaced individuals.
• As of the end of 2023, the United Nations High Commissioner for Refugees (UNHCR) reported that approximately 117.3 million people were displaced globally. Among these, 37.6 million were refugees.
• The ongoing conflicts in regions like Israel, Ukraine, and Myanmar are likely to increase these numbers.

United Nations High Commissioner for Refugees (UNHCR) ●The UNHCR was created by the United Nations General Assembly in 1950. ●It safeguards the rights of refugees, providing legal protection, humanitarian aid, and support for resettlement or return to their home countries. ●It advocates for the rights of refugees and works on policies to improve their conditions and support systems. ●The UNHCR received the Nobel Peace Prize twice, in 1954 and 1981, in recognition of its efforts to assist refugees and promote peace. ●It launched the Nansen Refugee Award in 1954, this award honours individuals or organizations that have made significant contributions to helping refugees and displaced persons. ●The UNHCR's headquarters are in Geneva, Switzerland, serving as the central hub for its global operations.

Gendered Impact of Displacement

• Women, especially those with disabilities, are particularly affected by displacement.
• The United Nations Population Fund highlights that “the face of displacement is female,” meaning women and girls disproportionately bear the brunt of displacement’s hardships.

Key Challenges Faced by Refugee Women
Physical and Mental Health	●Refugee women face severe issues, including the deaths of loved ones, the harsh conditions in camps, and disruptions in family life. ●The challenges often lead to increased risks of gender-based violence and mental health issues like post-traumatic stress disorder (PTSD) and depression. ●Research indicates that displaced women are more likely to suffer from these conditions compared to men.
Increased Vulnerability	●Women in refugee situations are often left with the sole responsibility for their families, which includes caring for children and the elderly. This added burden makes them more vulnerable to exploitation and abuse, including transactional sex.
Limited Access to Mental Health Services	●Mental health care is often inadequate for refugees due to factors like stigma, lack of awareness, and financial constraints. ●Women are particularly disadvantaged as they may have fewer resources and opportunities to access help. ●In India, where many refugees find them, traditional patriarchal structures further isolate and stigmatize them, making it even harder to access necessary services.

Legal Framework and India's Role

• UN Convention on the Rights of Persons with Disabilities (UNCRPD): This international treaty recognizes the rights of persons with disabilities, including those with psychosocial disabilities. It mandates that women and girls with disabilities should enjoy all human rights and fundamental freedoms equally.
• Rights of Persons with Disabilities Act, 2016 (RPWDA) in India: This act guarantees rights to persons with disabilities, including access to healthcare. However, it does not explicitly address refugees or psychosocial disabilities, which limits its applicability to refugee women.

Challenges in India

• Lack of Specific Legislation: India is not a party to the 1951 Refugee Convention or its 1967 Protocol, and lacks specific domestic legislation for refugees, including those with disabilities. This creates a gap in protecting the rights of refugee women with psychosocial disabilities.
• Limited Access to Healthcare: Refugees often have restricted access to health services and are excluded from most public health programs available to citizens. This means that even though the Supreme Court of India has affirmed refugees’ right to health under Article 21, practical access to these services remains limited.
• Need for a Uniform Framework: To address these issues, India needs a comprehensive legal framework that includes specific provisions for refugees with disabilities. This would help in implementing international commitments and ensuring that refugees with disabilities are adequately supported.

Moving Forward

• Develop Inclusive Policies: Create and enforce policies that specifically address the needs of refugees with disabilities, ensuring their inclusion in health care and other services.
• Collect Data: Gather disaggregated data on the health conditions of refugees with disabilities to better understand their needs and challenges.
• Enhance Awareness and Support: Increase awareness about the specific issues faced by refugee women with disabilities and improve the accessibility and availability of mental health services.

Conclusion

• The ongoing systematic gaps in India’s refugee protection framework and the exclusion of refugees with disabilities from essential rights highlight a pressing need for comprehensive reforms to ensure their well-being and equal access to support services.

Must Read Articles:

India’s Refugee Policy

World Refugee Day 2024

Source:

The Hindu

Wikipedia

PRACTICE QUESTION Q. The influx of refugees from neighbouring countries has posed significant challenges to India's socio-economic fabric. Examine the impact of refugee influx on issues such as employment, education, healthcare, and environmental resources. Suggest potential policy measures to address these challenges.