Jumping in muddy puddles: Protecting the right to a standard of living of internally displaced children with disabilities in Kwazulu-Natal, South Africa

3.1 The Kampala Convention and the Guiding Principles on Internal Displacement

A discussion on internal displacement usually centres around the Kampala Convention because the purpose of the Kampala Convention is to provide the obligations and responsibilities of member states to protect and assist internally displaced persons.16 Under their member status to the Kampala Convention, State Parties are conscious of the vulnerability of internally displaced persons and the special protection they require.17 Thus, member states are not only bound by the purpose of the Kampala Convention but also by its obligations to protect and assist internally displaced persons.18 In addition, State Parties are also bound by the Guiding Principles on Internal Displacement.19 This aims to address the specific needs of internally displaced persons and identify rights necessary for the protection and assistance of the internally displaced during and after displacement. 20 The Kampala Convention and Guiding Principles on Internal Displacement complement each other as both provide for the protection of internally displaced persons. Only 33 African States are party to the Kampala Convention and the Guiding Principles on Internal Displacement. South Africa is not one of them, which means that South Africa is not bound by the provisions of the Kampala Convention, and, therefore, internally displaced children with disabilities in South Africa are not afforded special and specific protection for internally displaced persons. Instead, they need to rely on protection from other general international human rights treaties and domestic law. The State gives no authoritative reason why it has yet to ratify the Kampala Convention. Still, the author is of the view that ratifying the convention would signify a commitment by South Africa to uphold the rights and well-being of internally displaced persons, particularly internally displaced children with disabilities, and align its policies and practices with the convention’s provisions. Some possible reasons for not ratifying the Kampala Convention include concerns about the compatibility of the Convention with the existing legal framework, the capacity to implement its provisions effectively, and the allocation of resources required for compliance. Additionally, political considerations, such as other priorities on the national agenda, may also influence the decision to ratify the Convention.

Nevertheless, the Kampala Convention contains critical provisions that are relevant and applicable to internally displaced children with disabilities and can therefore serve as best practices for the purpose of this article. Regarding the Kampala Convention, State Parties must respect the human rights of internally displaced persons, particularly the rights of non-discrimination and equality.21 Non-discrimination is a theme throughout the Kampala Convention and the Guiding Principles on Internal Displacement whereby State Parties are obligated to provide protection and assistance to internally displaced persons without discrimination.22 During displacement, State Parties must ensure that internally displaced persons are provided with adequate conditions of safety, dignity and security without discrimination. In doing so, the Kampala Convention ensures that State Parties provide internally displaced persons with food, water, shelter, health services, sanitation, education, and social services.23 These provisions related to respecting, protecting, and assisting internally displaced persons without discrimination will apply to internally displaced children with disabilities. However, in addition to the general protection provided, the Kampala Convention recognises the vulnerability of persons with disabilities, and children with disabilities, by explicitly providing special protection to children and other persons with disabilities by State Parties.24 Using the term ‘special protection’ implies that in the protection and assistance provided to internally displaced persons, State Parties must protect and assist internally displaced children with disabilities in a manner that recognises, respects and provides for the child’s disability and special needs.25 In other words, special care and measures must be implemented for internally displaced children with disabilities, over and above the general measures taken to protect and assist internally displaced persons and children. The Guiding Principles on Internal Displacement recognise that all internally displaced persons and children have the right to an adequate standard of living and that the state must provide, at a minimum, food, water, sanitation, clothing, shelter, education, and health services.26 The Kampala Convention also requires State Parties to assess the needs and vulnerabilities of internally displaced persons.27 Moreover, when children are internally displaced, this provision requires a child-based assessment standard to be implemented.28 Children’s rights should shape this child-based assessment standard and have its foundation in dignity, non-discrimination, the child’s best interests and participation.

The Kampala Convention and the Guiding Principles on Internal Displacements would be useful tools for the protection of internally displaced children with disabilities; however, because South Africa has not signed and ratified the Kampala Convention and its accompanying Guiding Principles on Internal Displacement, the State is not bound by the provisions related to internally displaced children with disabilities. In a country such as South Africa, plagued by internal displacement for many years, this is unfortunate and a missed opportunity to protect its people. The State must have ratified the Kampala Convention to be held accountable for its response to the internal displacement caused by the KZN floods in terms of this Convention. Instead, it can only be held accountable against the provisions of other international human rights treaties to which the State is bound. Therefore, this article will rely on the provisions of the Convention on the Rights of the Child (CRC), the Convention on the Rights of Persons with Disabilities (CRPD) and the African Charter on the Rights and Welfare of the Child (The African Children’s Charter) to benchmark standards for the protection of the standard of living of internally displaced children with disabilities as a result of the KZN floods.

3.2 The international and regional legal framework

The CRC takes a strong stance against the discrimination of children based on disability when State Parties implement their responsibilities in terms of the CRC and actively obligates State Parties to take all appropriate measures to ensure that children are protected from discrimination.29 In doing so, the CRC references children with disabilities in article 23, the leading article for implementing the CRC for children with disabilities.30 Article 23 highlights that children with disabilities should enjoy a full and decent life, ensuring dignity and full participation in society.31 Furthermore, the CRC emphasises that children with disabilities have the right to special care and that State Parties are obligated to provide support to children with disabilities and their families appropriate to their needs and circumstances.32 In addition, the CRC obligates State Parties to ensure that all children, including those with disabilities, have access to education, health services, and recreational activities.33 In Article 27, the CRC provides for the right to an adequate standard of living, survival and development of all children that follow the child’s physical, mental, and social development and requires State Parties to take proper measures to protect this right.34 While the term ‘adequate’ is not defined and is open to interpretation when read with article 22 of the CRC, it should be taken to mean, at the very least, that State Parties provide for the child’s basic needs.35 For internally displaced children with disabilities, this means the provision of shelter, healthcare services and education with the utmost dignity and in a way that caters to the child’s special needs. Pertinent to this article, the CRC recognises that living conditions, including the conditions of the parents, family unit, community, and broader society, primarily influence the child’s ability to develop.36

The CRPD is a significant milestone in the international realisation of the rights of persons with disabilities. Similarly to the CRC, albeit more general to persons with disabilities and not specifically for children with disabilities, the CRPD also makes provision for the non-discrimination of persons, and therefore children, based on their disability,37 and the right to life, survival and development which places an obligation on State Parties to take all necessary steps to protect the right to life of all persons with disabilities, including children with disabilities.38 Specific protection of children with disabilities to ensure the enjoyment of their rights on an equal basis as other children are also provided in the CRPD.39 Unlike the CRC, the CRPD provides humanitarian emergencies and obligates State Parties to take all necessary measures to protect persons with disabilities.40

Likewise, the African Children’s Charter also provides for the non-discrimination of children in the enjoyment of their rights41 and grants special protection to ensure the dignity, self-reliance, and participation in society of children with disabilities.42 One of the cardinal principles of the African Children’s Charter is equality and non-discrimination, particularly related to children with disabilities.43 The wording used in the African Children’s Charter is more robust than those used in the CRC and CRPD in that the African Children’s Charter provides for State Parties to ensure the survival and protection of children, including those with disabilities, to the maximum extent possible.44 The African Children’s Charter makes specific provisions for children with disabilities and obligates State Parties to ensure the child’s dignity.45 In addition, unlike the CRC, the African Children’s Charter expressly provides for internally displaced children in article 23(4). This is significant for this article in that other international and domestic laws do not reference internally displaced persons in their provisions for refugees, and therefore, in terms of the African Children’s Charter, internally displaced children receive the same protection as refugee children.46 This protects internally displaced children with disabilities in that State Parties must take appropriate measures to ensure the protection and enjoyment of the rights contained in the African Children’s Charter for internally displaced children.47

Protecting the right to a standard of living for internally displaced children with disabilities is closely linked to the CRC, CRPD, and the African Children’s Charter provisions. These international agreements emphasise the importance of safeguarding the child’s dignity, ensuring non-discrimination based on disability, and taking special care that goes beyond what is provided to other internally displaced persons and children. This special care is essential to address the distinct needs of internally displaced children with disabilities, particularly concerning their shelter, healthcare services, and education. When a state becomes a party to an international convention, it agrees to comply with the rules and standards established in the treaty and to incorporate its provisions into its domestic laws and regulations, where necessary.48 Accordingly, as a State Party to the CRC, CRPD and African Children’s Charter, South Africa is bound by the abovementioned provisions. It must include them in the South African legal framework for protecting a living standard for displaced children with disabilities.49

3.3 The South African legal framework

The South African Constitution (the Constitution) is one of the most profound and progressive in the world. It is founded on dignity and guarantees everyone, including children, the right to respect and protect their dignity.50 This founding provision can no doubt be applied to internally displaced children with disabilities who must be treated with the utmost dignity during and after displacement. While children enjoy all the rights in the Constitution’s Bill of Rights, children also receive special protection in section 28, which includes special rights specifically for children. For the purpose of this article, these special rights ensure the protection of the child’s right to shelter, healthcare services and education, which are closely linked to the child’s right to a standard of living.51 The Constitution also provides for instances where a state of emergency is declared. This applies to the KZN floods, as the flood threatened the nation’s lives and was declared a state of emergency by the South African president. This was necessary, under the Constitution, to restore peace and order.52 For this article, it is essential to note that in instances of a state of emergency, the Constitution prohibits any derogation regarding the right to dignity.53

Consequently, one of the objectives of the Children’s Act, which was assented to in 2006, is to give effect to and supplement the special rights for children in section 28 of the Constitution and the provisions of the CRC and African Charter.54 The Children’s Act contains express provisions for children with disabilities. It provides that in any matter concerning children with disabilities, consideration must be given to the special care required by the child, making it possible for the child to exercise their right to education with recognition of the unique needs of the child and providing the child with conditions that protect and ensure their dignity.55 An emphasis on ensuring children’s satisfaction is seen throughout the Children’s Act and demonstrates the importance placed on dignity for children by the legislature.56

In addition to the general protection of the rights of children with disabilities, the legal framework in South Africa also includes specific legislation that plays a crucial role in shaping disaster management and risk reduction, focusing on ensuring the well-being and rights of children with disabilities during times of crisis. The country’s foundational disaster management legislation is the South African Disaster Management Act (DMA).57 Its primary objective is to establish a comprehensive and integrated disaster management framework that guides the State in effectively responding to and mitigating the impact of disasters. While the DMA does not explicitly concentrate solely on children with disabilities, it does provide a more inclusive framework that considers the specific needs of vulnerable groups, including children with disabilities.

The DMA adopts an all-encompassing approach to disaster management, ensuring that the needs and rights of all individuals, regardless of age, gender, disability, or other characteristics, are considered. It mandates that disaster management plans and strategies should be inclusive, aiming to make the response and support mechanisms accessible and responsive to the unique challenges faced by vulnerable populations. While the DMA does not explicitly mention children with disabilities, it indirectly emphasises several critical aspects related to them.

Firstly, inclusive disaster preparedness is vital in minimising the impact of disasters. For children with disabilities, this involves ensuring that emergency shelters and relief services are adequately equipped to meet their specific needs. Secondly, the DMA underscores the importance of protecting human rights during disasters, safeguarding the rights and dignity of children with disabilities and ensuring their continued access to essential services, healthcare, education, and social support. Thirdly, the DMA calls for coordinated efforts among government departments, municipalities, and stakeholders involved in disaster management. This coordination is especially crucial in effectively addressing the diverse needs of children with disabilities and ensuring that support services remain available during and after disasters. Lastly, the DMA acknowledges that inclusive disaster management necessitates the active involvement of affected communities in decision-making processes. For children with disabilities, this means consulting with their caregivers, support networks, and organisations representing their interests to understand their unique requirements and ensure their voices are considered during disaster planning.

In contrast, the National Disaster Management Framework (NDMF) of South Africa serves as a national guiding document for disaster management.58 Still, it does not have specific provisions exclusively focused on children with disabilities. Instead, the NDMF outlines the principles, policies, strategies, and actions required to effectively prevent, prepare for, respond to, and recover from disasters and emergencies within the country. Similarly, the provincial disaster management plan59 and NDMF, like the DMA, strongly emphasise an inclusive approach to disaster management, considering the needs of vulnerable populations, including children with disabilities. While the NDMF also does not explicitly mention children with disabilities, it recognises that certain groups may face unique challenges during disasters and advocates for a comprehensive and integrated disaster management approach that considers the diverse needs of all individuals, regardless of age, gender, disability, or other characteristics. Despite the absence of explicit mention, the NDMF promotes inclusive disaster management planning, targeted support for vulnerable groups, community involvement, and equitable access to disaster management resources and services.

The international human rights law and domestic provisions provide a standard of living for an internally displaced child with disabilities that requires respect for and protection of the child’s dignity throughout the displacement period, namely, during and after displacement. It also requires the internally displaced child with disabilities to receive protection and assistance from the State, at a minimum, on an equal basis as other children, but more particularly to receive special care measures from the State. In the protection of a standard of living for internally displaced children with disabilities, the special measures taken by the State must account for the special needs of the child and provide shelter, healthcare services and education to the child. However, a significant shortcoming in the legal frameworks related to internally displaced children with disabilities in South Africa is that South Africa has not ratified the Kampala Convention. While the international and domestic frameworks provide general protection of the child’s rights during instances of disaster, internal displacement is a nuanced disaster that is on the rise in South Africa. The South African legal framework falls short because there is no specific protection for internally displaced children.

5.1 The dignity of internally displaced children with disabilities

For internally displaced children with disabilities, a connection between dignity and non-discrimination is crucial due to their vulnerable and marginalised circumstances. Internally displaced children with disabilities possess inherent dignity and worth. However, during displacement, they may face significant challenges to their dignity, such as a lack of access to their basic needs, inadequate living conditions, and limited opportunities for education and healthcare. Respecting their dignity means recognising their unique needs and experiences and providing appropriate support and care that upholds their self-respect and ensures their rights are protected during and after displacement.

Similarly, internally displaced children with disabilities are particularly vulnerable to discrimination due to their displaced status and disability. They may encounter barriers in accessing essential services, discrimination in shelter accommodations, and exclusion from educational opportunities and healthcare facilities. Non-discrimination ensures that these children are treated fairly and equally, regardless of their disability or displacement status. It calls for targeted measures and special care to address their needs and ensure they are not further marginalised or excluded from humanitarian assistance and services.

The connection between dignity and non-discrimination for internally displaced children with disabilities means that their rights, well-being, and dignity should be at the forefront of disaster response and management efforts. The State and relevant authorities should take proactive measures to identify and address the unique needs of these children, providing them with accessible and inclusive shelter, healthcare, and educational opportunities. By doing so, they uphold the dignity of internally displaced children with disabilities and work towards creating a more inclusive and caring environment that respects the rights of all internally displaced children, irrespective of their circumstances.

The Committee on the Rights of the Child (CRC Committee) expanded on the interpretation of dignity. It held that protecting and ensuring the dignity of children requires State Parties to identify individual children or groups of children that need special measures to realise their rights.61 For internally displaced children with disabilities, this would mean that the State must identify and recognise that children with disabilities require special protection measures during and after displacement over and above the measures put in place for other children.

In addition, applying children’s rights on an equal basis does not require children to have access to or identically apply their rights or to be treated identically when enforcing their rights.62 Instead, the circumstances of individuals or groups of children will determine whether their rights are applied and implemented equally to other children. Therefore, the special measures of protection that should be afforded to internally displaced children with disabilities to ensure their dignity and non-discrimination do not discriminate against other children or result in an unequal application and enforcement of children’s rights generally.

Discrimination against internally displaced children with disabilities undermines the child’s dignity63 and ability to benefit from the State’s intervention during and after displacement. Furthermore, the CRC Committee has emphasised that discrimination against children with disabilities reduces their quality of life. Children with disabilities require additional and special measures to realise their rights.64 This is especially applicable to internally displaced children with disabilities where their quality and standard of living and access to other rights such as shelter, healthcare and education will be directly impacted and adversely affected by discrimination during and after displacement. This is supported by the Children’s Act, which domesticates the CRC and the African Children’s Charter and expressly provides for respecting and protecting the inherent dignity of children, ensuring they are treated equitably and not unfairly discriminated against.65

Moreover, the provision to ensure the child’s best interests in all matters affecting the child provides that the child’s well-being and dignity are considered by the role-players tasked with ensuring their right to a standard of living during and after displacement.66 In addition, the Children’s Act provides specific protection for children with disabilities and provides that children with disabilities must be given opportunities and conditions that promote their dignity and participation.67 Overall, the South African Children’s Act strives to protect and uphold the dignity of displaced children with disabilities by recognising their rights, specific needs, and vulnerabilities. It emphasises their well-being and inclusion in decision-making processes, ensuring they receive appropriate care, protection, and support during displacement.

5.2 The meaning of appropriate measures taken to meet the special needs of internally displaced children with disabilities

The African Charter, Kampala Convention and the Guiding Principles on Internal Displacement all refer to ‘appropriate measures’ or ‘special measures’. However, no further explanation or interpretation is provided regarding what this terminology means and requires of State Parties. Therefore, it is necessary to rely on other treaties where similar language is used to interpret its meaning and the obligation created by the term.

The International Covenant on Economic, Social and Cultural Rights uses similar terminology, which the UN Committee on Economic, Social and Cultural Rights (ESCR Committee) said must be interpreted by its full and natural meaning.68 The ordinary meaning of appropriate measures would be suitable measures or measures that consider and are ‘proper’ in the given circumstances.69 Placing the ordinary sense of the terminology within the context of internally displaced children with disabilities, the obligation created by the provisions for special or appropriate measures can be interpreted to mean that State Parties must take all possible measures, considering the circumstances of internally displaced children with disabilities, to ensure that these children can enjoy their rights. This would require action by State Parties to ensure that internally displaced children with disabilities have access to shelter, healthcare and education during and after displacement that accommodates the special and unique needs of individual internally displaced children with disabilities over and above what is provided for non-disabled children. In a practical sense, this means, for example, that temporary shelters provided to internally displaced children in wheelchairs must be easily accessible to the child; healthcare services provided to internally displaced children with psychosocial disabilities must be the services of psychiatrists and psychologists; temporary schooling for internally displaced children with intellectual disabilities must be special schooling that caters for intellectual disabilities.

Moreover, the child’s right to life, survival and development is one of the guiding principles for interpreting the CRC and the African Children’s Charter. Thus, it must be included in interpreting the special measures State Parties require for displaced children with disabilities.70 The CRC Committee has interpreted the child’s development as needing to be understood ‘in its broadest sense as a holistic concept embracing the child’s physical, mental, spiritual moral and psychological development’.71 The child’s right to life, survival, and development72 is closely intertwined with the special measures that State Parties should implement to provide for the special needs of displaced children with disabilities. This is due to the right to life and survival emphasising the obligation of States to protect children from any form of harm or danger. Displaced children with disabilities are often more vulnerable during crises and displacement, at higher risk of facing life-threatening situations.73 States must implement special measures to ensure the safety and protection of these children, including access to safe shelter, nutrition, and medical care, thereby safeguarding their right to life and survival.

Furthermore, the right to life and development requires State Parties to ensure that all children, including displaced children with disabilities, access essential services necessary for their growth and well-being.74 This includes access to specialised healthcare, education, and social services tailored to their unique needs. State Parties should provide these services during displacement to enable the development and potential of these children, fulfilling their right to survival and development. Moreover, the right to development includes the right to education. State Parties must provide inclusive and accessible education for displaced children with disabilities, ensuring they have equal opportunities for learning and development. Special measures are essential to address any barriers that may hinder their access to education during displacement, allowing them to reach their full potential.75 In addition, displacement and disabilities can have adverse psychological effects on children. States should establish special measures to provide psychosocial support for displaced children with disabilities, helping them cope with trauma and stress during crises. This support is crucial for their overall well-being, survival, and development. The right to life, survival, and development also include the right of children to be heard and participate in decisions affecting them. States should involve displaced children with disabilities in decision-making processes concerning their care, support, and well-being. This participation empowers them, ensures their dignity, and facilitates measures catering to their needs. By upholding these rights and implementing specific measures, States can better address the unique needs of displaced children with disabilities, safeguarding their well-being and promoting their overall development and potential.

Likewise, the Children’s Act contains significant provisions pertaining to special measures for meeting the specific needs of displaced children with disabilities. These provisions ensure that these children receive appropriate care, protection, and support, addressing their unique requirements and enhancing their overall well-being. One key aspect of the Children’s Act in this regard is the application of the best interests of the child principle. This principle places the child’s best interests as the primary consideration in all matters concerning them, including decisions about the care and support provided to displaced children with disabilities.76 By prioritising their needs and circumstances, the Act ensures appropriate measures are taken to meet their special requirements. The Act also emphasises non-discrimination, prohibiting discrimination against children, including those with disabilities.77 Displaced children with disabilities should not face discrimination or be denied access to services solely because of their disability status, which promotes equal treatment and protection for all children. Furthermore, the Children’s Act recognises every child’s right to access appropriate healthcare and social services.78 This includes displaced children with disabilities, who may require specialised medical care, rehabilitation services, and other support tailored to address their specific needs effectively.

The Act also provides alternative care arrangements for children whose parents or family members cannot care for them. This provision encompasses displaced children with disabilities, who may require specialised care and support in alternative care settings to cater to their unique needs.79 In addition, the Children’s Act acknowledges the right of children to participate in matters that directly affect them.80 In the context of displaced children with disabilities, this means allowing them to express their views and preferences regarding their care and support. The Act ensures that their voices are heard and considered by involving them in decision-making. By encompassing these provisions, the South African Children’s Act strives to protect and enhance the well-being of displaced children with disabilities, emphasising their unique requirements in disaster and displacement.

6.1 Shelter

The immediate need of the displaced families and children affected by the floods was providing shelter. Initially, internally displaced persons were provided shelter in various community halls, receiving mattresses, food, and hygiene packs.83 However, the State intended to build 4 396 temporary accommodation units by the end of April 2022.84 Ninety-eight shelters accommodated 8 400 people; 1 700 were children under ten, and 217 were persons with disabilities.85 Unfortunately, no further breakdown of how many persons with disabilities were children and no specific number of children between the ages of ten and 18 was provided. However, even after the first temporary accommodation units were allocated, thousands of internally displaced persons remained in the community hall shelters.86 By September 2022, one such hall still accommodated more than 100 internally displaced persons, including children who had been there since April 2022.87 By September, there was less coordination of humanitarian relief, and very little food was given to those in shelters. Internally displaced persons complained to the media about sharing the space and bathroom facilities with hundreds of others, their children being exposed to alcohol abuse, arguments, and altercations between people with no privacy for their families. Parents complained that their children were exposed to inappropriate sexual behaviour, the conditions in the community halls had become unhygienic with minimal cleaning, and it had been extremely cold during the winter months.88

The State responded to these complaints and expressed dismay at the inappropriate behaviour of some persons living in the community halls but confirmed that food was still being provided to shelters by the Department of Social Development. However, the Department knew that many people were taking more meals than allocated to them, leaving nothing left for others. The Department of Human Settlements confirmed they were working tirelessly sourcing temporary and permanent accommodation and soon relocating more internally displaced persons. The Department confirmed this and committed to moving all internally displaced persons out of shelters and into accommodation units by December 2022. In addition, the State confirmed that social workers were still providing social services to those in shelters.

In August 2022, the State’s Ad Hoc Joint Committee on Flood Disaster Relief and Recovery completed a visit to some shelters in KZN where they found overcrowding and the conditions in the shelters were found to be unacceptable and inhumane.89 In September 2022, the spokesperson for the Department of Human Settlements and Public Works confirmed that since April, there had been a reduction of 38 per cent of persons in shelters, and 980 families were occupying temporary accommodation units.90

6.2 Healthcare services

Shortly after the KZN floods occurred, the South African Minister of Health identified vulnerable groups who would be most affected by the floods. The groups identified were children and persons with disabilities.91 Therefore, children with disabilities are doubly vulnerable due to their minority and special needs. In response, the Department of Women, Youth and Persons with Disabilities facilitated the Women’s Economic Assembly rollout to develop a programme of action to assist these vulnerable groups of persons affected by the floods. 92

Social services were prioritised to assist internally displaced persons with psychosocial healthcare. In doing so, comprehensive assessments of households and individuals were conducted, and services were made available based on the needs established by the assessment.

6.3 Education

While schooling continued in the unaffected areas of KZN, more than 630 schools were destroyed or damaged by the KZN floods and attendance in school by internally displaced children after the floods remained problematic. This was prioritised by the State, which acknowledged in April 2022 that they would monitor the schooling of internally displaced children with disabilities and how the KZN floods had affected their education.93

In a media briefing, the State confirmed that it was specifically focused on children, generally, who had been displaced from schools.94 However, in September 2022, hundreds of children in shelters were still not attending school when UNICEF South Africa provided relief through recreational toys and learning materials to these children.95 Unfortunately, there is no information about how many internally displaced children, who are still unable to access education, are children with disabilities.

6.4 Benchmark standard one: Ensuring the dignity of internally displaced children with disabilities

For the State to meet benchmark standard one, for the right to a standard of living for internally displaced children with disabilities, it must be established that the dignity of children with disabilities was ensured during and after displacement. For dignity to be ensured, the State must have identified groups of persons that require special measures to ensure the realisation of their rights. The State’s response to the recent flooding in KZN and the subsequent internal displacement of children with disabilities has positive and concerning aspects when evaluated against the benchmark standard one.

In the aftermath of the KZN floods, the State’s response to the displacement of children with disabilities revealed both positive and concerning aspects. These aspects shed light on the extent to which the dignity and well-being of these vulnerable children were respected and protected during the crisis.

In terms of positive aspects, the State swiftly recognised the immediate need for shelter for families, including those with children having disabilities. Community halls were made available quickly and equipped with essential items such as mattresses, food, and hygiene packs. This initiative aimed to provide a temporary but comfortable solution to meet the displaced children’s basic needs. Furthermore, the State demonstrated its commitment to addressing the unique challenges faced by children with disabilities. It identified vulnerable groups, including these children, and prioritised social services and psychosocial healthcare to cater to their specific needs. The comprehensive assessments conducted to tailor services based on individual needs showcased a genuine acknowledgement of the distinctive difficulties children with disabilities might encounter.

However, several concerning aspects emerged from the State’s response. Despite their initial efforts, some community hall shelters quickly became overcrowded and unhygienic, undermining the dignity and well-being of internally displaced children by exposing them to inappropriate behaviour and substandard living conditions. A significant concern was the prolonged stay of internally displaced persons, including children, in community hall shelters for months after the floods. This delay in relocation may have further compromised their dignity and well-being, as these shelters were not designed for long-term habitation. Adding to the challenges was the lack of specific data regarding the number of internally displaced children with disabilities, making it difficult to fully comprehend the scope of this vulnerable group’s needs and experiences. Moreover, education access remained a challenge for many displaced children, including those with disabilities, due to the destruction of schools. Although the State acknowledged the importance of monitoring schooling, it did not provide sufficient data on how many of these children faced barriers to education and were being left behind.

While the State’s response has shown some positive efforts in addressing the immediate needs of displaced children with disabilities, there were concerning aspects, particularly regarding overcrowded and unhygienic shelters, delays in relocation, and lack of specific data on children with disabilities. These aspects raise concerns about adequately protecting their dignity and well-being during the displacement. To align with the benchmark standard of ensuring the dignity of displaced children with disabilities, the State should focus on improving the living conditions in shelters, expediting relocation to appropriate accommodation, collecting disaggregated data on children with disabilities, and ensuring their access to education and psychosocial support. The State must maintain a child-centred approach, prioritising these vulnerable children’s rights and dignity during all disaster response and recovery phases. The effect of the KZN flood and the displacement of children with disabilities is ongoing. The author, therefore, hopes for additional reports and reflections to be available for future research.

6.5 Benchmark Standard Two: Special measures taken to ensure access to appropriate shelter, health care services and education

For the State to meet benchmark standard two, for the right to a standard of living of internally displaced children with disabilities, it must be established that special measures were taken to ensure access to rights that are closely related to a standard of living for children with disabilities, namely, the rights to shelter, healthcare and education. For special measures to be taken, it must be shown that the State has taken all possible measures, considering the circumstances of children with disabilities, to ensure that they have access to shelter, healthcare and education that accommodates their special needs.