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10th August 2024 (9 Topics)

Refugee rights, the gendered nature of displacement

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Context

The global refugee crisis is intensifying with ongoing conflicts and human rights abuses leading to increased displacement. The female refugee demographic faces unique challenges due to gender-specific vulnerabilities and barriers to accessing mental health services. This issue is highlighted in the context of India's refugee population and its inadequate support systems.

The Gendered Impact of Displacement

  • Increased Vulnerabilities: Female refugees are disproportionately burdened with caregiving responsibilities, facing increased risks of gender-based violence and psychological trauma.
  • Mental Health Challenges: Refugee women are more likely to suffer from PTSD and depression compared to men, exacerbated by traumatic experiences and inadequate mental health support.
  • Limited Access to Services: Social stigma, lack of awareness, and financial constraints hinder access to mental health services, with refugee women often receiving inadequate care.

Legal and Policy Framework

  • International Commitments: The UN Convention on the Rights of Persons with Disabilities (UNCRPD) recognizes the rights of individuals with psychosocial disabilities, including refugee women, though this is not reflected in Indian law.
  • Indian Legislation: The Rights of Persons with Disabilities Act, 2016 (RPWDA) provides for persons with mental illness but does not explicitly cover refugee women, leaving a significant gap in their access to rights and services.
  • Supreme Court's Stance: While refugees are guaranteed the right to health under Article 21, practical access to healthcare services remains limited, especially for those with psychosocial disabilities.

Need for Policy Reform

  • Lack of Framework: India lacks a specific refugee protection framework, impacting the implementation of international commitments and domestic rights for refugees with disabilities.
  • Need for Data Collection: There is a critical need for disaggregated data on the health conditions of refugees, particularly those with disabilities, to inform effective policy-making.
  • Future Actions: Establishing a uniform, codified refugee framework is essential for addressing the needs of refugees with disabilities and aligning with the 2030 Agenda for Sustainable Development.
Mains Question

Q. Discuss the specific challenges faced by female refugees with psychosocial disabilities in India. How can India's legal and policy frameworks be improved to address these challenges and align with international standards?

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