The disabled body in refugee law

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The document discusses the interpretation of refugee law concerning persons with disabilities, highlighting the limited impact of the UN Convention on the Rights of Persons with Disabilities (CRPD). It critiques common societal narratives that frame disability through tropes of tragedy and abjection, suggesting a need for a more nuanced understanding of disability that differentiates persecution from the lived experience of disability. The conclusion calls for a re-conceptualization of disability within refugee law to enhance protections for these individuals.

Law

The disabled body in refugee law
Dr. Andreas Dimopoulos
Brunel University

Introduction
? The interpretation and application of refugee law to
persons with disabilities reflects national legal and
social practices towards disability
? United Nations Convention on the Rights of Persons
with Disabilities (CRPD) has had limited impact
? AC (Egypt), [2011] NZIPT 800015, New Zealand:
Immigration and Protection Tribunal, 25 November
2011
? SHH v UK (App No 60367/10), judgment of 29 January
2013

Disability and IHRL
? Disability rights movement
? Social model of Disability
? CRPD
? Impact of CRPD on the Refugee Convention?
? By understanding how we conceptualise disability, we
may achieve better protection

The trope of tragedy
? The trope of tragedy is commonly how non-disabled
people view persons with disabilities
? AC (Egypt)
? Albino, persistently discriminated: a trope of monstrosity
? A narrative of the predicament of disability and
persecution
? A trope of tragedy of being disabled?

The trope of abjection
? The disabled body as psychological threat to the able-
bodied: disability is what we wish to ignore
? SHH v UK
? Severely physically disabled Afghan, claiming a violation
of Art. 3 ECHR based on inadequate social care if
returned to country of origin
? Limiting interpretation of the CRPD by the ECtHR
? A trope of abjection (and rejection)?

Conclusion
? Different conceptualisation of disability is required
? Bodies are culturally and socially mediated (Rebecca
Mallett & Katherine Runswick-Cole, Approaching
Disability, forthcoming)
? Not conflating the tragedy of persecution with the
embodied reality of being disabled, which is socially and
culturally contingent

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The disabled body in refugee law

1. The disabled body in refugee law Dr. Andreas Dimopoulos Brunel University

2. Introduction ? The interpretation and application of refugee law to persons with disabilities reflects national legal and social practices towards disability ? United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had limited impact ? AC (Egypt), [2011] NZIPT 800015, New Zealand: Immigration and Protection Tribunal, 25 November 2011 ? SHH v UK (App No 60367/10), judgment of 29 January 2013

3. Disability and IHRL ? Disability rights movement ? Social model of Disability ? CRPD ? Impact of CRPD on the Refugee Convention? ? By understanding how we conceptualise disability, we may achieve better protection

4. The trope of tragedy ? The trope of tragedy is commonly how non-disabled people view persons with disabilities ? AC (Egypt) ? Albino, persistently discriminated: a trope of monstrosity ? A narrative of the predicament of disability and persecution ? A trope of tragedy of being disabled?

5. The trope of abjection ? The disabled body as psychological threat to the able- bodied: disability is what we wish to ignore ? SHH v UK ? Severely physically disabled Afghan, claiming a violation of Art. 3 ECHR based on inadequate social care if returned to country of origin ? Limiting interpretation of the CRPD by the ECtHR ? A trope of abjection (and rejection)?

6. Conclusion ? Different conceptualisation of disability is required ? Bodies are culturally and socially mediated (Rebecca Mallett & Katherine Runswick-Cole, Approaching Disability, forthcoming) ? Not conflating the tragedy of persecution with the embodied reality of being disabled, which is socially and culturally contingent

7. Thank you!

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The disabled body in refugee law

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