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Module 6. The Right to Protection
The Duty to Respect, Protect, and Fulfil Obligations Relating to the Right to Life and Protection in Situations of Risk

Taken as a whole, States’ obligations with regard to the right to life of persons with disabilities and their right to protection and safety in situations of risk and humanitarian emergency include:

  1. Obligation to respect:

    States must refrain from engaging in any act, custom, or practice that creates barriers to enjoyment of the right to life and protection in situations of risk.

    Example: The State does not restrict access to medical care for persons with disabilities.

    Example: The State does not restrict access to food aid for persons with disabilities, but must ensure access on the same basis as others.

  2. Obligation to protect:

    States must ensure that non-State or private actors do not violate these rights.

    Example: The State takes measures to ensure careful monitoring of all settings where persons with disabilities live or receive services, whether publicly or privately operated, and takes measures to move persons with disabilities out of institutions and into community living situations with appropriate supports.

    Example: The State includes persons with disabilities in disaster preparedness planning and provides services that are inclusive of persons with disabilities, such as appropriate evacuation procedures.

  3. Obligation to fulfil:

    States must take proactive steps to ensure enjoyment of the right to life and protection in situations of risk by persons with disabilities.

    Example: The State undertakes information campaigns that seek to dispel the myth that persons with disabilities have lives “not worth living.”

    Example: The State initiates training programs for disaster preparedness and relief workers that include the care of persons with disabilities in the general population.

In sum, States have the obligation to respect, protect, and fulfil the right to life of persons with disabilities and their right to protection and safety in situations of risk and humanitarian emergency.

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