The Protection of Persons with Disabilities in International Humanitarian Law

The article addresses the issue of protecting persons with disabilities in the context of armed conflicts, analysing the effectiveness of international humanitarian law (IHL) in this regard. It highlights that persons with disabilities are particularly vulnerable to the effects of warfare, with their needs being often overlooked in the planning and implementation of humanitarian actions. The author discuss the evolution of the concept of disability and its various models, such as the charity, medical, social, and human rightsbased models, emphasizing the need to reinterpret IHL provisions in accordance with modern human rights standards. The article notes that while IHL provides protection to persons with disabilities as civilians and as “wounded and sick”, it often uses terminology and approaches that are outdated by contemporary standards. Furthermore, it identifies practical challenges, such as the lack of adequate procedures and information, which can lead to the marginalization of these individuals in conflict situations.

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Publication Details

Journal
Teka Komisji Prawniczej PAN Oddział w Lublinie
Published
2024-12-23
DOI
https://doi.org/10.32084/tkp.9062
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
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article

The Protection of Persons with Disabilities in International Humanitarian Law

Paweł Zając
Teka Komisji Prawniczej PAN Oddział w Lublinie
Discrimination and Equality Law
article

The Protection of Persons with Disabilities in International Humanitarian Law

Paweł Zając
article en

Abstract

The article addresses the issue of protecting persons with disabilities in the context of armed conflicts, analysing the effectiveness of international humanitarian law (IHL) in this regard. It highlights that persons with disabilities are particularly vulnerable to the effects of warfare, with their needs being often overlooked in the planning and implementation of humanitarian actions. The author discuss the evolution of the concept of disability and its various models, such as the charity, medical, social, and human rightsbased models, emphasizing the need to reinterpret IHL provisions in accordance with modern human rights standards. The article notes that while IHL provides protection to persons with disabilities as civilians and as “wounded and sick”, it often uses terminology and approaches that are outdated by contemporary standards. Furthermore, it identifies practical challenges, such as the lack of adequate procedures and information, which can lead to the marginalization of these individuals in conflict situations.

Teka Komisji Prawniczej PAN Oddział w LublinieVol. 17(2)
Akademia Łomżyńska (PL)
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 55%
Discrimination and Equality Law
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