43 Alternative L.J. 231 (2018)
Law & Culture

handle is hein.journals/alterlj43 and id is 226 raw text is: 



Law &  Culture


Law & Culture






THE LEGAL PROTECTION OF
REFUGEES WITH DISABILITIES:
Forgotten and invisible?
Mary Crock, Laura Smith-Khan, Ron
McCallum and Ben Saul; Edward Elgar,
2017;   336  pages;   $140   (hardback)

This is an excellent book which makes a significant, ori-
ginal contribution to the field of international law. It deals
with an important legal issue of contemporary relevance
and I highly recommend  it.
   The  legal protection of refugees with disabilities has
not, to date, been sufficiently analysed by scholars. There
have been a number  of important developments at inter-
national law in relation to refugees with disabilities: in
2008, the  Convention  on the  Rights of Persons with
Disabilities (CRPD)  came   into  effect. The  United
Nations  High  Commissioner   on  Refugees  (UNHCR)
has also recognised that refugees with disabilities are
more  likely to be sidelined in relation to humanitarian
assistance due to physical, environmental and societal
barriers  against accessing  information, health  and
rehabilitation services and human  rights protections.
More  recently, the UN Charter on Inclusion of Persons
with Disabilities in Humanitarian Action was adopted in
201 6 at the World Humanitarian Summit.
   However,  there was a significant gap in the academic
literature on the issue of refugees with disabilities. This
book, written by prominent legal scholars in the field, is a
comprehensive,  well-written examination of this under-
explored area and is a welcome addition to the literature
on refugee protection and humanitarian action.
   The  book clearly sets out its two main aims in the
Introduction: first, to document what the authors have
learned of the experiences of persons with  disabilities
living in displacement. Second, to explore the impact
that the CRPD  is having in humanitarian relief and assist-
ance, and in longer term  efforts to accommodate  the
needs  of refugees with disabilities (particularly in the
practice of states, international organisations and non-
governmental  organizations (NGOs)).
   It achieves these aims and makes some important con-
clusions as to how the CRPD  is, or should be, changing
the way that governments  and aid agencies engage with
and  accommodate   refugees with  disabilities. It looks
at this in relation to a number of key areas, including
maritime  interdiction, refugee  status determination


                                       Alternative Low journal
                                    2018, Vol. 43(3) 231-234
                                      @ The Author(s) 2018
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                               sagepub.com/journals-permissions
                               DOI: 10. 1177/1037969X 18799890
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                                            *SAGE

procedures,  the provision of  humanitarian assistance
and the granting of durable solutions to refugees.
   I found the discussion of the role of resettlement in
Chapter  I I to be particularly compelling in this regard.
Key resettlement countries across the world are increas-
ingly focusing resettlement on those with skills who are
perceived to be able to bring economic  benefit to the
host country. As the authors note, this may allow coun-
tries to discriminate against those  with a  disability.
Therefore, the authors advocate the implementation of
a CRPD-based   approach to help ensure that all refugees
have equal access to a durable solution.
   One  of the book's main strengths is that it draws on
fieldwork carried out in six countries - Malaysia, Indonesia,
Pakistan, Uganda, Jordan and Turkey. It reflects the real
experiences of refugees living with disabilities and has
benefited from input from UNHCR.   The empirical work
in the book is grounded in a solid theoretical foundation.
   In terms of the practical utility of this book, I note that
several NGOs   have urged for the inclusion of a stand-
alone  paragraph on  refugees with  disabilities in the
Global Compact   on Refugees, to ensure  that refugees
with disabilities are included in the development, imple-
mentation and  monitoring of the proposed comprehen-
sive refugee response.' I hope that this book informs
continuing work  in this context and that the position
of refugees with disabilities is more fully considered in
the formulation of both international and domestic refu-
gee law standards.

Maria   O'Sullivan  is a Senior Lecturer  and Deputy
Director of the Castan  Centre for Human   Rights Law
in the Faculty of Law at Monash University.



A  HISTORY OF AUSTRALIAN LEGAL
EDUCATION
David Barker; The Federation Press,
2017;   275   pages;  $59.95 (softback)

An  ordinary, reasonable reader of Australian legal affairs
may  be under the impression that the law school cannot
hold. According to the recurring reports, students are
being deprived of relevant practical skills, leaving them
destitute in a barren job market that sits just beyond the
horizon of graduation; at the same time, the dominant
black-letter approach to legal education, which obscures


'See, eg, International Disability Alliance, Recommendation to Include a Stand-Alone Paragraph on Refugees with Disabilities in the Global Compact on Refugees
www.unhcr.0rglen-aulevents/conferences/5afbfe~c7/international-disability-alliance-recommendation-include-stand-alone-paragraph.html.

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