Paper: Extra strain on the weak link in the chain? - Protection and inclusion of disadvantaged persons under human rights law in times of crisis

Paper details

Paper authors Maximilian Bertamini
In panel on Inclusion of Disadvantaged Groups in Humanitarian Action and Disaster Risk Reduction
Paper presenter(s) will be presenting In-Person / Online

Abstract

(This paper will be written and presented together with Prof. Dr. Pierre Thielbörger, M.PP. [Harvard])

In “normal times”, i.e. in the absence of crises and humanitarian emergencies, international human rights law generally holds states to high standards when it comes to the inclusion and protection of disadvantaged groups, such as children and people with disabilities. When emergencies strike, however, human rights law tends to soften up its standards of protection in order to allow for more intrusive, but often necessary short-term measures to overcome the crisis. Problematically, the severe disadvantages already faced by certain groups, are usually exacerbated even further in times of crisis.
This paper examines in how far international human rights law demands the inclusion of disadvantaged persons in times of crisis and emergency. By the example of children, persons with disabilities and the LGBTTIQ community, the paper analyses which standards international human rights law imposes on states vis-à-vis these groups in states of emergency. Based on this initial assessment, the paper will aim to identify patterns, deficits and opportunities in the current international regimes on the protection and inclusion of the selected groups and reflect on how states and humanitarians can deal with them.

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Presenters

Maximilian Bertamini
Institute for International La...