Refugee rights, the gendered nature of displacement

Refugee rights, the gendered nature of displacement

Syllabus
GS Paper 2 – Social Justice

Context
The article emphasises the disproportionate impact of displacement on women
Source
The Hindu| Editorial dated 10th    August 2024


Armed conflicts, violence, and human rights abuses worldwide have led to the forced displacement of millions of people, making them refugees. Among these vulnerable populations, women and girls disproportionately face severe hardships.

  • Global Displacement Statistics: By the end of 2023, 11.73 crore people worldwide were forcibly displaced due to persecution, conflict, violence, human rights violations, or other events. Of these, 3.76 crore were refugees.
  • Recent Conflicts Impact: The escalation of the Israel-Hamas war, ongoing Ukraine-Russia conflict, and renewed threats against Rohingyas in Myanmar are expected to increase the global refugee count significantly.
  • India as a Refugee-Receiving Nation: India has hosted over 200,000 refugees from diverse groups since its independence.
  • Current Refugee Population: As of January 31, 2022, there were 46,000 refugees and asylum-seekers registered with UNHCR India. Women and girls comprise 46% of this population.
  • Gendered Vulnerabilities:
    • Women often bear disproportionate caregiving responsibilities, including caring for children, the elderly, and the sick, which increases their physical and emotional burden.
    • They are frequently the last to flee, resulting in higher exposure to violence and exploitation during displacement.
  • Exposure to Gender-Based Violence (GBV):
    • Refugee women face increased risks of sexual violence, harassment, and exploitation, including practices like transactional sex, particularly in conflict zones and refugee camps.
  • Mental Health Challenges:
    • Displaced women are at a higher risk of developing mental health issues such as PTSD, anxiety, and depression due to traumatic experiences, loss of loved ones, and the harsh living conditions in camps.
  • Limited Access to Health Services:
    • Refugee women often lack access to adequate healthcare, particularly mental health services, due to legal, social, and financial barriers.
    • This is exacerbated by language barriers and stigma surrounding mental health.
  • Legal and Social Marginalization:
    • In host countries, refugee women may face discrimination and exclusion from legal protections, social services, and economic opportunities, further compounding their vulnerabilities.
  • 1951 Refugee Convention and 1967 Protocol: Provide the foundation for refugee protection but do not explicitly address gender-specific needs.
  • UN Convention on the Rights of Persons with Disabilities (UNCRPD): Recognizes the rights of persons with disabilities, including women with psychosocial disabilities, and mandates equal treatment.
  • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Protects women from gender-based discrimination, including refugee women.
  • India has not signed the 1951 Refugee Convention or its Protocol, and lacks specific domestic legislation addressing refugee rights.
  • Challenges in Legal Protection:
    • Exclusion from National Systems: Refugee women often face exclusion from legal protections available to citizens, such as healthcare and social security benefits.
    • Lack of Gender-Sensitive Policies: Existing legal frameworks often fail to consider the specific needs and vulnerabilities of refugee women, particularly those related to gender-based violence and mental health.
  • UNHCR’s Role:
    • The United Nations High Commissioner for Refugees (UNHCR) works to protect and support refugees, including women, by providing shelter, legal assistance, and advocacy for their rights.
  • Global Compact on Refugees (GCR):
    • Adopted in 2018, the GCR aims to enhance international cooperation to protect refugees and ensure their access to services, including health care, education, and employment, with a focus on vulnerable groups like women and children.
  • UN Women Initiatives:
    • UN Women advocates for the inclusion of gender perspectives in refugee response policies and provides support to refugee women through programs that address gender based violence, economic empowerment, and leadership.
  • Sustainable Development Goals (SDGs):
    • The  2030 Agenda for Sustainable Development emphasizes empowering vulnerable populations, including refugees and women, through goals like SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities).
  • Adoption of Comprehensive Refugee Legislation:
    • India should consider adopting specific legislation that addresses the rights and protections of refugees, including gender-sensitive provisions and mental health support for women.
  • Integration of Refugee Women into National Systems:
    • Ensure that refugee women have access to national health services, social security, and legal protections, including those guaranteed under the RPWDA and other relevant laws.
  • Enhancing Mental Health Services:
    • Improve access to mental health care for refugee women through the integration of mental health services into primary health care, reducing stigma, and providing culturally sensitive support.
  • Strengthening International Cooperation:
    • Engage in global initiatives like the Global Compact on Refugees to enhance international cooperation, share best practices, and secure resources for refugee protection.
  • Empowerment and Capacity Building:
    • Focus on the economic and social empowerment of refugee women through education, skills training, and access to livelihood opportunities, enabling them to rebuild their lives and contribute to host communities.
  • Community Engagement and Awareness:
    • Promote community awareness and engagement to reduce stigma against refugees and psychosocial disabilities, ensuring that refugee women are supported and included in host societies.

Addressing the multifaceted challenges faced by refugee women requires a holistic approach that combines legal protections, social services, and international cooperation. By adopting gender-sensitive policies, enhancing access to health and mental health services, and empowering refugee women economically and socially, India and the global community can ensure that the rights and dignity of refugee women are upheld in line with international standards.

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