This Article is written by Shruthi Reddy L (a 2nd- year student from Symbiosis Law School, Hyderabad pursuing a Bachelor of Business Administration and a Bachelor of Legislative Law (BBA LLB).)
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There are various laws in different countries which provide protection and recognise the rights for the disabled people. There are different reasons how a person might loose his ability in day to day functioning but despite that they too have the right to protection just like any normal person. The United Nations Security Council has passed a resolution with a similar intention of protecting people with disabilities in armed conflict. When there is a fight between two states or between government authorities it is known as Armed Conflict. The United Nations Security Council’s Resolution seeks to ensure that the people disabled in armed conflict are protected and at the same time are given humane assistance. The resolution was passed in unity by all the members for the well-being of the disabled people injured in armed conflict belonging to people across the different countries. The main target lies in the implementation but apart from that the United Nations Security Council’s target is to firstly administer the number of people who are actually disabled from armed conflict in order to protect them and most importantly to give them a voice in decisions for their humanitarian action they deserve.
United Nations Security Council –
Comprising of one ninety three member states, United Nations Security Council is formed to mainly maintain peace. United Nation Security Council has five permanent members and ten other members who regularly meet to evaluate threats to terrorism, international security, civil wars etc. Founded on 24th October, 1945, the main work of United Nations Security is to maintain peace and security by authorizing the use of force and encourages negotiations and imposes sanctions.
Functions and Powers of the UN Security Council –
The functions and powers of the United Nations Security Council is explained as follows –
- First and foremost function of the UNSC is to maintain international peace and security which is in accordance with the purposes and principles of the United Nations.
- It is supposed to investigate any situation or dispute which might lead to international conflict.
- To discuss the terms of settlement or to recommend methods of adjusting the disputes.
- For the establishment of system in order to regulate armaments, it has to formulate plans.
- It has to recommend what action can be taken in case of threat or any aggression.
- To apply economic sanctions by the members to prevent aggression.
- If there is any aggression, it has to take military action.
- Recommending the admission of the new members into the United Nations Security Council.
- Exercising the trusteeship functions of the United Nations in strategic areas.
- Recommending the General Assembly regarding the appointment of the Secretary – General and to elect the judge of the International Court of Justice.
Need for United Nations Security Council’s Resolution on protecting disabled people in armed conflict –
The resolution for protecting people in armed conflict was passed on June 20th unanimously by the members of the United Nations Security Council. This resolution is seen as a providing a voice to all the people who are with disabilities due to armed conflict. With the passing of the resolution, protection for the disabled people is ensured as just like any normal person, they might need it the most due to disabilities. The main step in doing so by the United Nations Security Council is to firstly recognise the people who are disabled in the armed conflict and then looking into the implementation of the resolution. It is stated that according to the World Health Organisation (WHO), there are more than one billion people that is fifteen percent of the people who are with disabilities. An estimated of 9.7 million have been estimated to be forced to displace themselves due to the mistreatment and conflict.
During the humanitarian emergencies and during the armed conflict, the people with disabilities due to armed conflict are faced risks which involves abandonment by family, they also require medical emergency or sanitation and food. Not only the adults but also the children with disabilities face similar problems.
The proof regarding same is also there. For example in 2013, there armed attacks on communities present in Central African Republic, there were around 96 people who were with disabilities according to the Human Rights Watch. They were not only suffering with disabilities but were abandoned and were unable to escape when their homes were attacked. The resolution by the United Nations Security Council along with other measures looks into the data collection and increased capacity building with people suffering from disabilities. The Resolution also requires the member states to look into the representation of people with disabilities, their representative organisations and meaningful participation in various areas like conflict prevention, resolution, peace-building, reconstruction and reconciliation etc. There one hundred and sixty one states under the United Nations Convention on the Rights of Persons with Disabilities and the resolution on protecting people with disabilities urges the states to comply with their obligations. Though the resolution was passed with everyone’s acceptance, there was caution expressed regarding the creation of new legal obligations under the international law and about exceeding the council mandate’s scope by the members of the Security Council.
Pros and Cons of the Resolution on protecting the disabled people in armed conflict –
The Pros of the resolution being passed are explained as follows –
- The resolution protects by placing them in a safe place where there are no threats to violence involving armed conflict.
- The resolution looks into the basic necessities like food, sanitation etc.
- The people with disabilities are not only ones but also the children with disabilities are protected.
- There is provision of humanitarian operations by the United Nations Security Council for the people with disabilities in armed conflict.
- There is charity and medical care which also provided by the resolution.
These are the main advantages of the passing of the resolution.
The Cons of the resolution are explained as follows –
- The first and foremast task before the United Nations Security Council is to recognise the people who are actually disabled in the armed conflict and not miss out on them which can be erroneous.
- As mentioned above there might be creation of new legal obligations under the international law.
- The protection to the people must be given as early as possible as there might death of those persons might already be caused.
The initiative taken by the United Nations Security Council for passing of the resolution for protection of the disabled people in armed conflict is perceptible. Just like how a coin has two sides, there are both advantages as well as disadvantages with the resolution being implemented. Despite the advantages the disadvantages the weight of the advantages is more as it provides security and peace throughout the nations of the UNSC. The predominant function of the United Nations Security Council is to identify the people who are actually with disabilities and then comes the primarily responsibility of bringing the resolution into enactment. With the coming together of all the nations in the UNSC, the resolution can become a huge success as it is pivotal in the direction of protecting the people from armed conflicts especially the ones with disabilities. Just because they are disabled, there rights are not obliterated.