The Refugee Status Of Persons With Disabilities Presented by: Dr. IUR. Stephanie Motz (Barrister and Lawyer, RISE Attorneys at Law, Lecturer in International Migration Law, University of Lucerne) Date: June 20, 2022 The Persecution Of Persons With Disabilities During The Third Reich 1933-1945 UN Convention On The Rights Of Persons With Disabilities 2006 A Disability- Specific Refugee Definition? Disability-specific interpretation? 1. For reasons of 2. Race, religion, political opinion, nationality, membership of PSG 3. And there is a failure of state protection 4. Is outside his/her country of origin 5. Due to a well-founded fear of being persecuted METHOD 1. Evolutionary interpretation of the refugee definition  Arts. 31 and 32 VCLT 2. Human rights approach  Hathaway/Foster, The Law of Refugee Status, 2014 3. UK, Canada, Australia and NZ case law Disability-Specific Serious Harm - Forced institutionalization and treatment based on disability - Arts. 14 and 19 CRPD - Discriminatory denial of health care Arts. 25 and 26 CRPD - Denial of inclusive education - Art. 24 CRPD Further Elements Of The Refugee Definition 1. Failure of state protection and internal relocation alternative Arts. 4 and 5 CRPD 2. Causal link - Arts. 2 and 5 CRPD 3. Convention ground - Art. 1 CRPD UN Committee Decisions - CRPD Committee 1. N.L. v. Sweden, No. 60/2019, 22.10.2020 2. Z.H. v. Schweden, No. 58/2019, 06.09.2021 - CRC Committee: 1. K.S. and M.S. v. Switzerland, No. 74/2019, 16.03.22, § 7.6