Presentation at the Critical Legal Conference 2013

1. Non-Refoulement
and
Critical Disability Theory
Dr. Andreas Dimopoulos, Brunel University

2. Introduction
 Intersection of asylum and disability
 Disability as a human rights issue
 Convention on the Rights of Persons with Disabilities (CRPD)
 Social model of disability

3. Critical Disability Theory
 Social model of disability
 Marxist beginnings
 Non-radical version adopted by the CRPD
 Social barriers that render persons with impairments disabled
 Provision of support as an issue of equality

4. Non-refoulement: S.H.H. v UK
 S.H.H. v UK
 Physically disabled applicant
 Return to Afghanistan would amount to violation of Art. 3
 Limited provision of social support
 Minority opinion: disability-sensitive approach required

5. Rethinking non-refoulement
 For persons with disabilities, inadequate provision of support
perpetuates social oppression and social exclusion, which can
trigger the violation of Art. 3 ECHR
 States that expel asylum seekers with disabilities to countries where
the provision of support is inadequate:
 Contribute to social oppression for persons with disabilities
 Violate the spirit and letter of the CRPD (Art. 11)
 Violate Art. 3 of the ECHR and the obligation of non-refoulement