Refugee Rights (Challenges & Solutions): Editorial analysis

 In this article, we have analysed the Editorial which was published in The Hindu 'Editorial Section' of Delhi Edition on 10 Aug 2024, it was written by Aarushi Malik, The Article highlights women, particularly those with a disability, face substantial barriers in accessing their rights, resulting in increased vulnerability to violence and mental health issues. It calls for targeted policies and programs to address their unique needs and ensure access to essential services and support for their well-being(team GS-Studies has also added some inputs which comprise data, relevant to your exam perspective)

Women Refugee seeking shelter

• Ukraine-Russia, Israel-Hamas, Bangladesh coup, Myanmar crisis on Rohingyas and some big prolonged wars like world wars eventually ended with huge causalities and compelled millions across the world to flee their homes and homelands for survival and made them refugees to other countries.

• Apart from the war-like situation, some other stances led to this situation also like Ethnic and religious violence, Human rights abuses, and persecution. 

• According to the United National High Commissioner for Refugees (UNHCR), by the end of 2023, 11.73 crore (117.3 million) people, 
• worldwide, had been forcibly displaced due to persecution, conflict, violence, human rights violations or events seriously disturbing public order. 3.76 crore out of them are refugees. the number of refugees worldwide is only expected to multiply significantly.

India

• India has been considered a 'refugee-receiving' nation, having hosted over 2,00,000, diverse refugee groups since its independence. As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR India.

• 46% of these women and girls, are the most vulnerable group. they are solely accountable for children and are often the last to flee, 
• They are burdened with gender-specific caregiving duties for both the elderly and the young, and frequently have to shoulder the entire responsibility for the family's livelihood on their own.

Female face to refugee demographics

• The United Nations Population Fund also has acknowledged that "the face of displacement is female". 
• The gendered aspects of displacement affect women's physical and mental health, along with their overall well-being. 
• Female refugees face numerous stressors, including the loss of partners and children, challenges of living in camps, complicated changes in family dynamics, restricted access to community support, and diminished safety.

• Extended conflict, shifts in gender roles following conflict, the disintegration of traditional social support systems, and socio-economic difficulties related to displacement together put refugee women at greater risk of gender-based violence, including practices like transactional sex.

Challenges face by women refugees

  1. Increased Vulnerability: The heightened risk of physical and sexual violence makes displaced women more susceptible to mental health issues, including posttraumatic stress disorder (PTSD), anxiety disorders, and depression.

   2. Comparative Risks: Displaced women are twice as likely to show symptoms of PTSD and more than four times as likely to experience depression compared to displaced men.

     3. Study Findings: A study conducted in Darfur, Sudan, revealed that 72% of displaced women suffer from conditions like PTSD and general distress due to their traumatic experiences and challenging living conditions in camps.

     4. Higher Mental Health Risks: Research indicates that female refugees face a greater likelihood of developing diagnosable mental health disorders compared to their male peers.

     5. Social Inequities: Social and gender inequalities, particularly in patriarchal refugee communities, often lead to the marginalization of women's experiences and testimonies, resulting in an epistemic injustice that leaves their conditions overlooked.

  6. Stigmatization: Displaced women with psychological vulnerabilities frequently experience stigma and isolation, exacerbating their mental health challenges.

   7. Healthcare Priorities: Due to limited financial resources, refugee families typically prioritize physical health and the well-being of men over women's mental health.

   8. Lack of Support: As a result, displaced women with psychosocial disabilities often struggle to access necessary support services.

  9. Lower Service Utilization: Mental health service utilization is generally lower among refugees compared to local populations and is especially low among women.

  10. Patriarchal Context: In traditionally patriarchal host societies like India, refugee women face additional barriers, such as male-dominated community participation, leaving them isolated and without a platform to express their concerns.

  11. Stigma and Information Access: The widespread stigma surrounding psychosocial disabilities limits their access to information and available mental health resources.

  12. Limited Options: The mental health services that are available often consist of government hospitals with long wait times or unregulated support from NGOs, which are typically sought only after problems have worsened.

  13. Barriers to Seeking Help: When attempting to access these limited options, refugee women encounter various challenges, including stigma, feelings of shame, communication barriers, and a lack of mental health literacy and awareness of available services.

Conventions, Rights, and India’s Role

• The UN Convention on the Rights of Persons with Disabilities (UNCRPD) acknowledges "long-term mental or intellectual impairments,
• " which can hinder full societal participation when coupled with various barriers, categorizing these as "psychosocial disabilities." 
• It guarantees a broad range of rights for affected individuals and recognizes that "women and girls with disabilities face multiple discrimination," 
• mandating measures for their full and equal enjoyment of human rights and fundamental freedoms (Article 6). These rights must be secured for all individuals without discrimination (Article 5).
• India ratified the UNCRPD and enacted the Rights of Persons with Disabilities Act, 2016 (RPWDA), which provides corresponding guarantees for persons with disabilities. 
• However, the term "psychosocial disability" is not yet included in the Indian legislative language; instead, "mental illness" describes substantial disorders that impair judgment and behaviour. 
• The RPWDA guarantees numerous rights to individuals categorized as having "mental illness," including the right to healthcare, 
• ensuring free and barrier-free access as well as priority treatment (Section 25). Furthermore, the RPWDA mandates that women with disabilities enjoy their rights equally with others (Section 4).

Exclusion of Refugee Women

• Despite these provisions, refugee women with psychosocial disabilities are often excluded from these guarantees due to their noncitizen status. 
• Factors such as the legal and administrative framework's oversight of nonnationals in the distribution of rights and services, social stigma and discrimination, lack of awareness, language barriers, and financial constraints contribute to this exclusion.
• The Supreme Court of India has consistently affirmed refugees’ inherent right to life under Article 21, which includes the right to health. 
• However, access to healthcare services for refugees is severely limited and predominantly restricted to government hospitals. 
• Refugees are often excluded from most public health and nutrition programs available to citizens, and private healthcare is financially prohibitive for many. Consequently, without explicit guarantees extending the RPWDA's provisions to refugees with disabilities or safeguarding their interests as outlined in the UNCRPD (Articles 6, 11, and 18), 
• refugee women with psychosocial disabilities or mental illnesses are unable to realize their right to health. This situation not only contradicts the directives of the Supreme Court but also renders the UNCRPD's mandates ineffective.

Filling the Structural Gap

• India is not a party to the 1951 Refugee Convention or its 1967 Protocol and lacks specific domestic legislation regarding refugees, 
• particularly those with disabilities. Given the significant refugee population in the country,
•  it is essential to establish a uniform, codified framework that provides clear language for implementing India’s international commitments. 
• This need is underscored by the 2030 Agenda for Sustainable Development, which emphasizes the empowerment of vulnerable populations, including persons with disabilities and refugees.
• To ensure the effective implementation of the aforementioned guarantees, it is vital to integrate refugees with disabilities into relevant policies and programs in a manner that is accessible to them. 
• Effective policymaking also relies on the collection of disaggregated data regarding their health conditions, necessitating swift and systematic identification and registration processes.

Suggestions for Improvement

1. Legislative Framework: India should consider formulating a comprehensive refugee policy that explicitly includes provisions for refugees with disabilities, aligning with international standards.

2. Awareness and Training: Increased awareness and training programs for healthcare providers and social workers regarding the specific needs of refugee women with psychosocial disabilities can improve their access to necessary services.

3. Data Collection: The government should implement robust mechanisms for collecting disaggregated data on refugees with disabilities to inform policy and program development.

4. Community Engagement: Engaging local communities in support programs can help reduce stigma and foster an inclusive environment for refugee women with psychosocial disabilities.

5. Collaboration with NGOs: The government can partner with NGOs to enhance service delivery and ensure that mental health support is accessible and culturally sensitive.

In conclusion, it is crucial to address these gaps to ensure that refugee women with psychosocial disabilities do not continue to endure marginalization and exclusion. The pressing question remains: when will they receive the support and recognition they deserve, rather than being left to lose hope and give up?

 

 Thanks for reading.........