Gender based nature of displacement

Context

• During refugee crises around the world, women and girls are the most vulnerable and vulnerable. According to the United Nations Refugee Agency (UNHCR), the total number of refugees was estimated to be around 35 million in 2023, of which nearly 50% were women and girls.
• The United Nations Population Fund has acknowledged that the face of displacement is female. The gendered nature of displacement affects women's physical and mental health as well as their well-being.

Problems faced by refugee women

• Social and gender vulnerability: due to limited financial resources refugee families prioritise physical health over mental health and men’s health is given more importance than women’s.
  • Women often have to shoulder disproportionate care responsibilities, including caring for children, the elderly and the sick, increasing their physical and emotional burden.
  • Women are often the last to migrate and as a result are more vulnerable to violence and abuse during displacement.
• Sexual and gender-based violence: Refugee women are at increased risk of sexual violence, abuse and exploitation, including practices such as transactional sex, particularly in conflict zones and refugee camps.
• Mental health challenges: Displaced women are at higher risk of developing mental health problems, such as post-traumatic stress disorder (PTSD), anxiety and depression, due to traumatic experiences, loss of loved ones and harsh living conditions in the camps.
• Lack of access to health services: Women in refugee camps face many challenges in accessing essential health services.
  • Approximately 60% of pregnant refugee women experience complications during childbirth due to a lack of access to health services. Furthermore, the maternal mortality rate in refugee camps is twice that of the general population.
  • This problem is further exacerbated by language barriers and the stigma associated with mental health.
• Economic insecurity and livelihoods: According to UNHCR data, around 70% of refugee women work in informal employment, where wages are low and job security is lacking.
  • Furthermore, only 10% of refugee women are in some form of permanent employment, increasing their vulnerability.
• Disruption of education: Girls’ education is severely disrupted in refugee camps. The dropout rate among refugee girls is currently over 50%. This has serious implications for their long-term empowerment and quality of life.
• Legal rights and identity: Refugee women also face issues related to legal rights and identity. Approximately 30% of refugee women do not have a legal identity, which makes it difficult for them to access citizenship, property rights and legal services.
  • Furthermore, many women are also deprived of land and property rights which further weakens their position.
• Return and rehabilitation: Gender-based inequalities are also observed in the process of return and rehabilitation following displacement. Women may have less access to resources needed for rehabilitation, such as land rights, financial services, and education.
  • Women may face difficulties reintegrating into their family and community during rehabilitation, especially if they have been victims of violence or abuse.

International Law for Refugee Women

• Refugee Convention, 1951 and Protocol: The Convention and its 1967 Protocol provide the legal basis for the protection of refugees, but do not explicitly address gender-specific needs.
• United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): Adopted on 12 December 2006, the Convention recognises the rights of persons with disabilities, including women with psychiatric disabilities, and mandates equal treatment.
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination Against Women was adopted by the United Nations General Assembly.
  • It protects women, including refugee women, from gender-based discrimination.

National Legal Framework

• India has ratified the UNCRPD and provided legal guarantees to the rights of persons with disabilities through the Rights of Persons with Disabilities Act, 2016 (RPWDA).
  • The RPWDA also guarantees equal rights to women with disabilities.
• The Supreme Court of India has consistently affirmed the inherent right to life of refugees under Article 21, including the right to health.
  • However, access to health care services by refugees is extremely limited and is primarily confined to government hospitals.
• India is not a party to the 1951 Refugee Convention and its 1967 Protocol.
  • Refugees in India are regulated under the following laws:
    • The Foreigners Act, 1946: Empowers the central government to detect, detain and deport illegal foreigners.
    • The Passport (Entry into India) Act, 1920: Allows authorities to forcibly deport illegal foreigners, as per Article 258 (1) of the Constitution.
    • The Registration of Foreigners Act, 1939: It mandates foreign nationals arriving on long-term visas (more than 180 days) to register with the registration officer within 14 days of arrival.

Efforts to assist refugee women

• United Nations High Commissioner for Refugees (UNHCR): It works to protect and assist refugees, including women, by providing them with shelter, legal aid 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 such as women and children.
• UN Women Initiative: This UN agency is dedicated to gender equality and women's empowerment. It advocates for the inclusion of gender perspectives in refugee response policies and provides assistance to refugee women through programs related to gender-based violence, economic empowerment and leadership.
• Sustainable Development Goals (SDG): Agenda 2030 seeks to empower vulnerable populations, including refugees and women, through goals such as SDG 5 (gender equality) and SDG 10 (reduction of inequalities).

Way Forward

• Comprehensive refugee laws: All countries need to establish a codified framework for refugee rights.
  • India should establish a comprehensive legal process that takes into account the rights and protection of refugees, including gender-sensitivity and mental health support.
• Improved health access for refugee women: Ensure access to emergency assistance, medical care and counselling services for women who are victims of violence.
  • Dedicated health centres should be set up in refugee camps to increase access to maternal and child health services.
  • Special programmes should be run to provide nutrition and health services to women during pregnancy and childbirth.
• Special focus on mental health: Mental health services should be integrated into primary health care.
• Education: Special education programmes should be initiated to prioritise girls’ education in refugee camps.
• Community engagement and awareness: Efforts should be made to promote community awareness and engagement with a view to supporting refugee women and integrating them into host societies.