Towards an international Convention on the Protection of Persons in the Event of Disasters (PPED) that protects the rights of persons with disabilities

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This policy brief was developed by the Thematic Group on Disaster Risk Reduction and Climate Action (TG-DRRCA) under the Stakeholder Group of Persons with Disabilities, hosted by the International Disability Alliance. It was prepared in response to the draft Convention on the Protection of Persons in Events of Disasters (PPED) currently under discussion. The Partnership for Inclusive Disaster Strategies contributed to the development of this document.

Executive Summary

The Draft Articles on the Protection of Persons in the Event of Disasters (PPED) represent a significant step toward codifying international legal standards for disaster risk management. However, the current draft articles lack a comprehensive consideration of the human rights of persons with disabilities.

This policy brief outlines key gaps and provides recommendations to align the PPED treaty with the Convention on the Rights of Persons with Disabilities (CRPD), the Sendai Framework for Disaster Risk Reduction, and the 2030 Agenda. It calls on States Parties and stakeholders to ensure that the final treaty text upholds the existing rights of persons with disabilities in times of disaster, ensuring inclusive and accessible protection and response.

Context

The rights of persons with disabilities during disasters are protected by Article 11 of the CRPD, which obliges States to take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including disasters. The funding for such protection comes mainly through international cooperation, which is obligated by Article 32 to be inclusive and accessible to persons with disabilities. Both Article 11 and Article 32 are further strengthened by Articles 3 (general principles), 4 (state obligations), 5 (equality and non-discrimination), 9 (accessibility), 21 (access to information), and 33 (implementation and monitoring), which capture the inequality many persons with disabilities face due to intersecting identities.

On a policy level, The Sendai Framework (2015–2030) further emphasizes the need for inclusive DRR, calling for all-of-society engagement and the integration of gender, age, disability, and cultural perspectives into all DRR policies and practices.

The CRPD working alongside the Sendai Framework and the Paris Treaty on Climate Change strengthen the obligations of State Parties to ensure inclusive approaches to resilience and climate action. Together, these frameworks establish a robust normative foundation for disability-inclusive DRR.

Yet, despite these commitments, persons with disabilities who comprise at least 16% of the global population, are disproportionately affected by disasters due to systemic barriers in accessing early warnings, evacuation, shelter, health services, and recovery support. Discrimination, lack of accessibility and exclusion from decision making are some of the key barriers persons with disabilities face. For example, the 2023 UNDRR Global Survey found that: 84% of persons with disabilities lack personal preparedness plans; 56% lack access to disaster risk information in accessible formats and only 8% report that local DRR plans address their needs.

Funding allocation by governments also remains low, a review of OECD-DAC data for 2023 found that 17% of DRR-related ODA activities were reported to be disability-related; in other terms, this means that 80% of DRR-related ODA is not disability inclusive.

The combination of low implementation of existing government obligations and low funding allocated to disability inclusive DRR results in persons with disabilities continuing to be excluded from DRR planning and response. The PPED can address some of these limitations by strengthening the legal obligations of State Parties to facilitate and resource disability inclusive DRR aligned with existing legal obligations elaborated in the CRPD and other human rights treaties.

Analysis of the Draft Articles

The articles in their current format and in particular the related commentary by Member States have a number of references related to disability inclusion.

  • Firstly, in the commentary on Article 4, the inherent dignity of the human person shall be respected and protected in the event of disasters. The commentary includes positive recognition of how the CRPD underpins the inherent dignity for persons with disabilities.
  • Secondly, in the commentary on Article 6, the recognition of persons with disabilities as part of particularly vulnerable groups and the recognition of the need for prohibition of discrimination on the grounds of disability is welcomed. The terminology could be improved as Article 6 refers to ‘taking into account the needs of the particularly vulnerable’, this is outdated language, and we suggest that ‘persons in vulnerable situations’ are used instead.
    • The commentary also highlights the importance of accessibility to information and community participation; this is positive to see.
  • Thirdly, draft Article 7 In the application of the present draft articles, States shall, as appropriate, cooperate among themselves, with the United Nations, with the components of the Red Cross and Red Crescent Movement, and with other assisting actors. It is welcome to see in the commentary supporting this article the recognition of the role of international cooperation and re-affirming of international obligations to respond (referring to Article 11 of the CRPD).
  • Fourthly, draft Article 11, ‘Duty of the affected State to seek external assistance. To the extent that a disaster manifestly exceeds its national response capacity, the affected State has the duty to seek assistance from, as appropriate, other States, the United Nations, and other potential assisting actors. The CRPD is again referenced as an international treaty giving specific reference to disasters and Article 11 of the CRPD.
  • Fifth and finally, draft Article 14 on the conditions on the provision of external assistance and refer to the ‘conditions shall take into account the identified needs of the persons affected by disasters and the quality of the assistance’. It is positive to see the needs of persons with disabilities referenced here.
Alignment of PPED with Concluding Observations of the CRPD Committee on Article 11

The concluding observations (CO) of the CRPD committee on Article 11 provide direction on how to ensure the human rights of persons with disabilities are protected in the event of disasters. The key areas detailed in the below box can provide instruction on how to strengthen the current draft of PPED.

Key issues from CRPD concluding observations on Article 11 Relevant PPED articles
A. Inclusive Planning and Participation (i) Ensure active involvement of persons with disabilities and their representative organizations in all phases of DRR: planning, implementation, monitoring, and evaluation. (ii) Develop consultation mechanisms that include women, children, youth and marginalized groups with disabilities. Article 5 and Article 6
B. Accessible Early Warning Systems (i) Implement multi-format communication (e.g., sign language, Braille, Easy Read, audio, SMS) for emergency alerts. (ii) Ensure real-time accessibility of emergency information for all types of impairments. Article 7, Article 8, Article 9
C. Evacuation and Emergency Protocols (i) Develop specific evacuation protocols that address the needs of persons with disabilities. (ii) Ensure accessible shelters, transportation, and emergency services. Train emergency personnel on disability-inclusive response. Article 8
D. Legislative and Policy Frameworks (i) Align national laws and policies with the Sendai Framework for Disaster Risk Reduction 2015–2030. (ii) Include disability-specific provisions in civil protection, climate change adaptation, and humanitarian response laws. Article 9
E. Data Collection and Disaggregation (i) Collect disaggregated data on persons with disabilities in emergencies (by gender, age, impairment type, location). (ii) Use data to inform inclusive preparedness, response, recovery and resilience planning. Article 9
F. Budgeting and Resource Allocation (i) Allocate specific budgets for disability-inclusive DRR. (ii) Ensure funding for training, language access, infrastructure, and assistive technologies. Article 9
G. Training and Capacity Building (i) Train civil defence, emergency responders, and public officials on disability inclusion. (ii) Build capacity of OPDs to engage effectively in DRR processes. Article 8
Key Gaps in the Draft Articles related to protecting the human rights of persons with disabilities in the event of disasters

Gap 1: Participation and Representation. Persons with disabilities and other groups are not explicitly named as participants in decision-making.

Article 5 commentary para 6 recognises that for groups in vulnerable situations, it is important that their special protection and assistance needs are taken into account and the right of communities to have a voice in the planning and execution of risk reduction, response and recovery initiatives. This is further reinforced by the commentary on draft article 6 (para 8) calling for ‘including engagement of vulnerable groups in the design, implementation, monitoring and evaluation and assistance provided in the event of a disaster, as well as in preparing for the possibility of a disaster’. Both these references in the commentaries are welcome as they align with the CRPDs committee view on Article 11 implementation (see point A in box).

Recommendation: Ensure where appropriate to include meaningful participation of persons with disabilities and their representative organizations (OPDs) in all phases of disaster management, including treaty implementation and monitoring.

Gap 2: Terminology and framing lack a human rights based approach.

In draft Article 6, the text and use of "vulnerable persons" risks reinforcing outdated, paternalistic views.

Recommendation: Replace existing text with "persons in vulnerable situations, including marginalised groups”

Gap 3: Accessibility and Early Warning Systems

Early warning systems are covered in draft Article 9. The current version of draft text does not include any language on accessibility in its references to early warning systems.

The commentary on draft articles 5, 6 and 9 underpin the protection of human rights of persons with disabilities pre, during and post disaster. Article 5 highlights the broad entitlement to human rights protection held by those persons affected by disasters. It also serves as a reminder of the duty of States to ensure compliance with all relevant human rights obligations applicable both during the disaster and the pre-disaster phase (Draft Article 5, para 1 commentary).

Draft article 6 commentary outlines its scope as the key humanitarian principles relevant to the protection of persons in the event of disasters and recognises the significance of these principles to the provision of disaster relief assistance, as well as in disaster risk reduction activities, where applicable. The commentary also recognises that ‘The principle of non-discrimination, applicable also in the context of disaster risk reduction, reflects the inherent equality of all persons and the determination that no adverse distinction may be drawn between them. Prohibited grounds for discrimination are non-exhaustive and include ethnic origin, sex, nationality, political opinions, race, religion and disability (para 6).

Recommendation: As outlined in existing international human rights law and international treaties, in particular Article 11 of the CRPD and further supported by the jurisprudence from the CRPD committee - ensure existing obligations for accessible communication, infrastructure, and services, including formats such as sign language, Easy Read, pictograms, records audios and local languages are adhered to.

 Gap 4: Data and Monitoring

The draft articles do not include any references to data and monitoring. The commentary under draft Article 6 refers to the Sendai Framework and the role of data.

Recommendation: The treaty should require the collection and use of disability- disaggregated data, in collaboration with OPDs, to inform planning, implementation, and evaluation. Data systems should also identify barriers to participation and the support requirements needed to ensure the equal participation of persons with disabilities in disaster-related activities, including early warning systems, evacuation, and recovery. In line with CRPD Article 31 and General Comment No. 7, States should ensure that data is not only collected but used to guide inclusive policy and action.

 Gap 5: Scope and Definitions

In draft Article 3, the definition of "disaster" “means a calamitous event or series of events resulting in widespread loss of life, great human suffering and distress, mass displacement, or large-scale material or environmental damage, thereby seriously disrupting the functioning of society’ excludes slow-onset events (e.g., drought, and impacts from climate change).

Recommendation: Broaden the definition to include all hazards, consistent with the Sendai Framework and CRPD Article 11.

 Gap 6: Human Dignity and Rights

The commentary on draft Article 4 highlights how the CRPD recognises the inherent dignity of persons with disabilities. Draft Article 5 on Human Rights highlights how the right to life in the context of disasters is violated if a government fails to take proactive steps to prevent or respond to disasters that result in loss of life. In addition, economic and social rights—such as access to essential food, health care, shelter, and education—remain crucial during disasters. These rights, which are protected under the Covenant on Economic, Social and Cultural Rights and other relevant treaties, must be progressively realised and upheld even in emergency situations. Other key rights include the right to receive humanitarian assistance, the right of vulnerable groups to receive special protection and support, and the right of communities to participate in planning and decision-making for disaster risk reduction and recovery. People displaced by disasters also have the right to non-discriminatory assistance in securing long-term solutions. These rights are further supported by references in the commentaries to other draft articles.

Recommendation: Align Article 5 with CRPD principles as elaborated in Article 3 of the CRPD and ensure the efforts taken to protect the human rights of persons with disabilities align with CRPD Article 9, 11 and 32.

Gap 7: Budgeting and Resources

The draft articles do not include references to funding accessibility or reasonable accommodation. Existing international treaties including the CRPD provide for the progressive realisation of the human rights of persons with disabilities. Concluding observations by the CRPD committee have recommended to State Parties the need to allocate specific budgets for disability-inclusive DRR and to ensure funding for training, infrastructure, and assistive technologies. Furthermore, ensure that State Parties in calling for external assistance (aid) to facilitate response, that this must be compliant with Article 32 of the CRPD.

Recommendation: Align the draft articles with responsibility for mobilising resources to ensure specific budgets for accessibility, assistive technologies, and support services in disaster preparedness, response, and recovery.

Gap 8: Capacity Building and Institutional Mechanisms

Draft Article 10 on the role of the affected State ‘has the primary role in the direction, control, coordination and supervision of such relief assistance’. Very often many governments do not have focal points or existing focal points and staff, volunteers lack provisions for training and inclusive governance.

Recommendation: Require States to designate disability focal points in DRR institutions and invest in capacity building for inclusive disaster governance.

Gap 9: Protection from Institutionalization during Disasters

The draft articles do not include provisions to prevent the institutionalization or segregation of persons with disabilities during disaster preparedness, response, or recovery. In practice, evacuation and displacement often result in persons with disabilities being placed in institutional or congregate settings, where they face increased risks of neglect, abuse, and loss of liberty. This practice is inconsistent with the CRPD, particularly Articles 14 and 19, which affirm the right to liberty, autonomy, and independent living—even in situations of risk and humanitarian emergencies.

Recommendation: To ensure compliance with Articles 14 and 19 of the CRPD, the treaty should explicitly prohibit institutionalization during disasters. In line with the CRPD Committee’s Guidelines on Deinstitutionalization, including situations of emergencies, States Parties must avoid funding institutional placements and instead direct resources toward accessible and inclusive (emergency) shelter solutions, and disaster relief services. 

Conclusion

The PPED draft articles offer a critical opportunity to strengthen disability-inclusive disaster protection in international law. By addressing the identified gaps and aligning with the existing rights for persons with disabilities as elaborated by CRPD article 3, 9, 11 and 32 , the Sendai Framework for Disaster Risk Reduction, and 2030 Agenda, States can ensure that no one is left behind in disaster preparedness, response, recovery, and resilience efforts. Persons with disabilities are not inherently vulnerable—they are made vulnerable by exclusion.

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