The Inter-Agency Standing Committee (IASC)7 is the primary mechanism for inter-agency coordination of humanitarian assistance at the international level. The IASC hasemphasized the relevance of international law in humanitarian crises, in particular international humanitarian law (IHL),international human rights law (IHRL), and international refugee law.8 These bodies of law provide a legal framework that grounds humanitarian action in internationally agreed principles and standardsand affirms the rights of all individuals affected by crises. International human rights law, which is applicable at all times,also provides a bridge between humanitarian and development action. It can be used to address the causes and consequencesof crises, define and meet humanitarian needs, and establish the conditions that must be met before individuals can enjoyinternationally agreed rights.
State actors are the primary duty bearers under international human rights law.9 They have the first and main responsibility to protect, respect and fulfil the rights of persons on their territory or undertheir jurisdiction. Persons affected by crises and humanitarian emergencies have civil, political, economic, social and culturalrights, which they may claim from relevant duty bearers.
The Convention on the Rights of Persons with Disabilities (CRPD) is an international human rights treaty that is binding onStates that ratify it (States Parties).10 The CRPD affirms that States Parties must protect and promote the rights of persons with disabilities in their laws, policiesand practices; and must also comply with the treaty's standards when they engage in international cooperation.
Article 11 of the CRPD specifically requires States Parties, in accordance with their obligations under international law,to take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, includingarmed conflicts, humanitarian emergencies and natural hazards.11
Other CRPD articles are relevant to humanitarian action and development, and support inclusion of persons with disabilities.The CRPD should be incorporated in all humanitarian interventions. To do so, humanitarian actors should examine and evaluatecurrent practices, processes and outcomes to ensure that the human rights of persons with disabilities are protected and promotedas required by international law.
IHRL affirms that all individuals have civil, political, economic, social and cultural rights and defines these rights. Inapplying these universal rights to persons with disabilities, the CRPD significantly shifted the way in which persons withdisabilities are perceived. Disability is understood to arise when individuals with impairments interact with the barriersthey face. This has important implications for understanding not only what disability is but also how it should be addressed,including in the context of humanitarian action. In order to ensure that people with disabilities can fully exercise theirrights, it becomes necessary to identify and remove social, legal, political and environmental barriers that prevent themfrom enjoying their rights, including attitudes and behaviours that stigmatize and marginalize persons with disabilities.It is also necessary to include persons with disabilities in decision-making, in line with their motto, ‘Nothing about uswithout us’.
In armed conflict, IHL provides general protection to civilians and persons hors de combat, including persons with disabilities, ‘without adverse distinction’ (discrimination).12 The prohibition of adverse distinction permits humanitarian actors to prioritize persons with disabilities and may even requirethem to take specific measures to do so. Humanitarian relief efforts must make sure, for example, that food, water, healthcare, rehabilitation and shelter are available and accessible to persons with disabilities. Provisions of IHL may also beused to prevent or minimize harm to persons with disabilities during hostilities. Recognizing that persons with disabilitiesare at risk of being left in areas prone to attack, for instance, IHL specifically prioritizes their evacuation from suchareas. Both IHL and IHRL affirm the obligations to protect and ensure the safety of persons with disabilities during armedconflicts; this obligation is set out in Article 11 of the CRPD.
Disarmament treaties include specific protections for survivors of weapons and remnants of war after conflicts end.