Pessoas refugiadas com deficiência : convergência normativa para a proteção integral

Abstract

The international protection of refugees, those who are outside their country of origin due to a ""founded fear of persecution for their race, nationality, religion, political opinion or belonging to a certain social group"" was consolidated after World War II World with the awakening of the international community to the need for the internationalization of human rights. During this period, the development of International Humanitarian Law (IHL) and International Human Rights Law (IDHR) stood out, complemented by specific protection instruments according to the needs of each individual or group. In this context, the International Refugee Law emerges in its contemporary face, having as one of its landmarks the creation, in 1950, of the United Nations High Commission for Refugees (UNHCR). Then, the Convention Relating to Refugee Status (1951 Convention) was adopted, considered a relevant historical document in the construction of the rights of this vulnerable group, as it defines the reasons for the recognition of refugee status, establishes the rights of these people and determines the responsibilities of States in this context. In parallel to the development of general norms on refuge, it is noticed that within the universe of refugees there are those who present more layers of vulnerability, in addition to the specific vulnerability of migration, and who need protection based on their peculiarities. Among those refugees with even greater vulnerability, people with disabilities stand out. All of this highlights the need to face the problem within an intersection between the two major special international instruments that make up the protection of these people, the 1951 Convention and the Convention on the Rights of Persons with Disabilities (CRPD) so that, in a complementary way, greater protection is provided to protect the dignity of this vulnerable group, taking into account its particularities and peculiarities, in search of full protection. Thus, this paper aims to present the convergences, similarities and divergences between the 1951 Convention and the CRPD, and their effects on the protection of refugees with disabilities, guided by the objectives of the IHRC that seek to verify whether the two instruments, are sufficient to ensure full protection. In this sense, the nature of the research falls into a qualitative study with a deductive approach method, starting from the general, through the international protection of human rights, until reaching the theme itself, namely, the protection of refugees with disabilities, in order to promote an expanded foundation of ideas, seeking a logical construction on the subject. As for technical procedures, the bibliographic and documentary survey, and normative analysis of the two international instruments. With this, it seeks, in the final analysis, to show how the CRPD can strengthen the protection of refugees with disabilities.