All necessary measures? The obligation to protect disabled persons in disasters

Susan C Breau

Chapter 23 in Research Handbook on Disasters and International Law, 2024, pp 469-492 from Edward Elgar Publishing

Abstract: Taking as a starting point Article 11 of the UN Convention on the Rights of Persons with Disabilities, which mandates that states take ‘all necessary measures’ to ensure the protection and safety of persons with disabilities in situations of risk, this chapter examines the international response to Covid-19 which, with few exceptions, ignored the needs of disabled persons. The chapter reviews international disaster law in light of the obligations contained in international human rights law, and critically analyses the failings revealed by the Covid-19 pandemic. Using Canada and the United Kingdom as case studies, the chapter illuminates how the lack of coordination both in theory and practice reveal protection gaps that must be remedied. The chapter concludes with a look to the future and the proposed Pandemic Treaty, which it argues must provide specificity in its obligations towards disabled persons.

Keywords: Development Studies; Environment; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2024
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