Refugee Rights and the Gendered Nature of Displacement (GS Paper 2, Society)
Context
- The global displacement crisis, driven by armed conflict, violence, and human rights abuses, has led to a significant number of refugees.
- Among these displaced populations, women and girls face unique and disproportionate challenges.
- This article highlights the pressing need for improved legal and policy frameworks to support refugee women, particularly those with psychosocial disabilities, and examines the current gaps in India's approach to addressing these issues.
Global Displacement Crisis
- According to the United Nations High Commissioner for Refugees (UNHCR), the number of forcibly displaced people worldwide reached 117.3 million by the end of 2023.
- This includes 37.6 million refugees, with numbers expected to rise due to ongoing conflicts such as the Israel-Hamas war, the Ukraine-Russia war, and crises affecting the Rohingyas in Myanmar.
The Female Face of Displacement
- In India, which has historically been a refugee-receiving country, over 200,000 refugees have been hosted since independence.
- As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR India, with women and girls constituting 46% of this population.
Challenges Faced by Refugee Women:
- Disproportionate Burdens: Women refugees often bear the brunt of caregiving responsibilities and are frequently the last to flee conflict zones.
- Health Impacts: Displacement significantly affects women's physical and mental health. The UN Population Fund acknowledges that displacement disproportionately impacts women, exacerbating mental health issues and increasing their vulnerability to gender-based abuse, including transactional sex.
- Psychosocial Stressors: Refugee women face multiple stressors such as the loss of family members, harsh living conditions in camps, and altered family dynamics, contributing to high levels of PTSD, anxiety, and depression.
Mental Health Challenges for Displaced Women
- Increased Vulnerability: Studies indicate that displaced women are at a higher risk of psychological conditions compared to men. For example, a study in Darfur, Sudan, found that 72% of displaced women experienced PTSD and distress.
- Stigma and Isolation: Women with psychological vulnerabilities often face stigma and isolation, with limited access to mental health services. Patriarchal norms and stigma surrounding mental health issues further restrict access to necessary care.
- Service Availability: Mental health services for refugees are often inadequate, with long waits in government hospitals and limited support from unregulated NGOs. Women’s mental health needs are frequently overlooked due to societal stigma and limited awareness.
International Conventions and India’s Role
- UNCRPD and Indian Legislation: The UN Convention on the Rights of Persons with Disabilities (UNCRPD) ensures rights for individuals with psychosocial disabilities. India has ratified this convention and enacted the Rights of Persons with Disabilities Act, 2016 (RPWDA), which guarantees access to healthcare and other rights.
- Exclusions and Barriers: Despite these protections, refugee women with psychosocial disabilities often remain excluded from these guarantees due to legal oversights, stigma, and barriers such as language and financial constraints. The Supreme Court of India has affirmed refugees' right to life under Article 21, including healthcare, but practical access remains limited.
Addressing Structural Gaps
- Legal Framework: India lacks specific domestic legislation for refugees, particularly those with disabilities. The absence of a uniform legal framework results in gaps in protection and support.
- Integration into Public Health Programs: Refugees with disabilities should be integrated into existing public health programs, with policies aligning with international standards and addressing their specific needs.
- Data Collection and Awareness: Effective policymaking requires disaggregated data on refugees' health needs and increased awareness to reduce stigma around mental health.
Way Forward
- Adopt Comprehensive Legal Framework: Develop a legal framework specifically for refugees, incorporating protections for mental health aligned with international standards.
- Integrate Public Health Services: Ensure refugees have access to public health programs and mental health services without discrimination.
- Increase Awareness: Promote community outreach to reduce stigma around mental health issues and improve access to care.
- Strengthen Support Services: Establish multilingual support services and strengthen partnerships with NGOs to provide targeted mental health interventions.
- Collect Data: Gather disaggregated data on refugees' health needs to inform policy decisions and allocate resources effectively.
Conclusion
- The gendered nature of displacement reveals critical gaps in support systems for refugee women, particularly those with psychosocial disabilities.
- As displacement numbers continue to rise globally, it is imperative for countries like India to address these gaps through comprehensive legal frameworks and integrated public health services.
- By prioritizing mental health, reducing stigma, and ensuring equitable access to care, India can better align with international commitments and provide meaningful support to its refugee population.
- Addressing these issues not only upholds human rights but also fosters a more inclusive and compassionate response to one of the most pressing humanitarian challenges of our time.
