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Policy
Policy
Policy plays an essential role in providing legal protections and resource distribution: both for people with disabilities and the environment. Policies (which in this webpage includes laws, regulations, conventions, and executive orders) are passed at local, national, and international levels, but are not always enforced or implemented effectively. Although climate change is an inherently global issue, its impacts are disproportionately felt across nations and continents, and many policies are not consistently implemented across countries. There are many places where policy falls short, is not clearly communicated or does not adequately address the needs of people with disabilities.
International policies
International policies
These international policies touch on climate change, disability, or both.
Result of UN Climate Change Conference (COP21) in December 2015, signed November 2016
International treaty signed by 196 parties agreeing to reduce greenhouse gas emissions and slow global warming
Less than 1/3 of the countries that signed mentioned PWD in their climate adaptation policies, although the agreement as a whole mentions vulnerable groups, including PWD
Further shows that the risks that people with disabilities face in climate emergencies is not inevitable, but by design.
November 2012
Focusing on Asia and the Pacific, this agreement created the "first set of regionally agreed disability-inclusive development goals"
Promotes disability inclusive disaster risk reduction by linking to five of the seventeen Sustainable Development Goals and the directive to leave no person behind
Began in December 2006
An annual Conference of States Parties to the Convention on the Rights of Persons with Disabilities (COSP) has occurred each year since
Established human rights obligations regarding climate change, mitigation, adaptation, and disability
Article 11 requires states to take “all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk,” including during “humanitarian emergencies and the occurrence of natural disasters.”
Proposal for a just transition in clean energy adaptation and climate response, prioritizing resiliency for marginalized groups, including people with disabilities
The Global Green New Deal is an international set of policy proposals and pilot projects, which include reducing carbon dependency and addressing social, political and economic crises
2015-2030
Framework for disaster risk reduction to implement institutional measures to mitigate disaster risk and increase proactive response
Not disability-specific, but does include all elements of disaster risk
Sustainable
Development Goals
Sustainable
Development Goals
The United Nations is the largest intergovernmental organization in the world. They have created 17 Sustainable Development Goals targeting different aspects of daily life that must be evaluated in order to achieve "peace and prosperity for people and the planet, now and into the future" by 2030. Each year, a different report comes out, analyzing data, successful efforts, and downfalls. Goal #13 is focused specifically on climate action, but climate change touches each of the goals in some way.
In 2018, the United Nations released its first report specifically looking at disability and sustainable development. The report looks at how disability plays into each of the 17 goals and particularly how disabled populations are affected by poverty and inequality.
Policy in the United States
Policy in the United States
As work for this website is based in California, it is essential to discuss national policies in the United States. Inclusion in emergency planning and services is not only morally correct, but legal, based in human rights obligations. Legal framework for "the right to be rescued" is based on the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act (ADA), both of which protect against overt & deliberate, or pervasive (neglectful) exclusion.
Politics can also play a large role in the outcome of a disaster, as environmental degradation, inadequate structural safety nets, unequal distribution of hazards, and the disproportionate burden of risk impact the adaptive capacity of communities.
Passed in
Section 504 bans discrimination on the basis of disability in federal agencies or federally funded programs
"Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations"
Intention of recognize how federal actions impact the environment and human health
Passed in February 1994
In 2023, Executive Order 14096 - Revitalizing our Nation's Commitment to Environmental Justice for All - built on principles established in EO 12898
Introduced in 1988, passed in 1992
This Act legally prohibits discrimination on the basis of disability
Under Title II, emergency services must be made available to people with disabilities
ADA Amendments Act of 2008
"Tackling the Climate Crisis at Home and Abroad"
January 2021
This executive order aims to expand environmental justice by increasing resilience to the impacts of climate change
"Special issue of Worklife, page (3)" by national museum of american history is licensed under CC BY-NC 2.0.
The Right to be Rescued - Trailer on YouTube
Incorporating a just transition into policy
Incorporating a just transition into policy
A just transition framework recognizes that blanket solutions to combating climate change are not accessible to all. For a true just transition, there needs to be a re-evaluation of "legal standards, social protection, skills development and attitudinal transformation."
Using a just transition framework to inform policy means that nobody is left behind and that disabled people are meaningfully included and taken into consideration at every step of the decision-making process. While a just transition is one approach to policymaking, it not necessarily a priority of every policymaker. A just transition is not the only way to achieve climate justice.
Where does policy fall short?
Where does policy fall short?
Quote from "Disability Climate Justice" Interviews
Quote from "Disability Climate Justice" Interviews
"You sometimes have to read the actual Environmental Act itself to understand it, but you shouldn't have to do that sometimes because as a citizen, you may not understand that language... I think that's especially huge because hearing the talks that I go to and everything, governmental change and governmental regulation is going to be one of the most effective ways to control some of these institutions and having an understanding of that as a citizen is going to be key to understanding your own effect in your own involvement in that."
- Paula, one respondent of Disability Climate Justice
Difficult to interpret political language
Political language is difficult to understand and access. Because it is not written with the general public in mind, it can be difficult for people to understand their own rights and their future based off of governmental decisions. Complex legal requirements can be unclear during the event of an emergency When information is not communicated in understandable language and accessible formats, the miscommunication can lead to higher risks of danger or death.
Limited legal protections
There is a need to move beyond compliance with laws and into inclusion. Just because governments or corporations or programs are observing legal rights of disabled people, this does not mean that their needs are truly being met.
Policy violations
Just because policies exist does not mean that they are followed or upheld. Cases such as "Communities Actively Living Independent & Free (CALIF) v. City of Los Angeles" from 2011 found that the City of Los Angeles did not have adequate emergency measures for people with disabilities and that it violated the ADA. Cities, states, and organizations continually violate the ADA/504, despite its legal obligations.
Exclusion from participating
Participatory justice means disabled people and organizations (DPOs), who have historically been excluded from decision-making roles regarding disaster preparation and recovery, are meaningfully included. When people with disabilities are not present in these spaces, their needs are not adequately addressed in the decisions made.
Sources Used & Suggested Reading
Sources Used & Suggested Reading
The Paris Agreement - United Nations Climate Change. Explains what the Paris Agreement entails, plans for achieving it, and progress made so far.
Disability Rights in Climate Policies 2023 Status Report - Sébastien Jodoin, et. al., 2023. A 14-page PDF report of climate policies by nations following the Paris Agreement as of November, 2023.
Cripping Climate Adaptation: Disability Justice and Climate Change - Climate Atlas of Canada, 2022. A 13-minute video discussing adaptation within the disabled community, specifically focusing on Canada. Includes a link in the description to an audio-descriptive version and transcript.
States fail to include Persons with Disabilities in response to climate change - International Disability Alliance (IDA), 2022. This summary analyzes the Disability Inclusion in National Climate Commitments and Policies report, finding that states are not doing enough to counteract impending climate change and prepare persons with disabilities.
Convention on the Rights of Persons with Disabilities (CRPD) - United Nations Department of Economic and Social Affairs: Disability, 2022. This webpage summarized what CRPD is and includes links to the protocol in various languages and formats, including sign language and easy-read.
Disability, Human Rights, and Climate Justice - Penelope Stein and Michael Stein, 2022. This academic paper examines a number legal mandates that require the inclusion of PWD in climate change mitigation efforts.
Incheon strategy to "Make the Right Real" for persons with disabilities in Asia and the Pacific - Economic and Social Commission for Asia and the Pacific (ESCAP), 2012. This report summarizes the Incheon Strategy, and its goals to "track progress towards improving the quality of life, and the fulfillment of the rights, of the region’s 650 million persons with disabilities, most of whom live in poverty" between 2013-2022.
What Is the Green New Deal? A Climate Proposal, Explained - Lisa Friedman, 2019. A New York Times article that explains what the Green New Deal proposal consists of, including estimated costs and impacts.
Global Green New Deal Outcomes Report - Equitable Cities Consulting & C40 Cities, 2023. This report analyzes Global Green New Deal pilot projects across 5 countries and findings from the projects.
Sources for other international policies
THE 17 GOALS - United Nations (UN) Department of Economic and Social Affairs Sustainable Development. This webpage contextualizes the 17 different Sustainable Development Goals and their global intentions to end poverty, improve health and education, reduce inequality, spur economic growth, tackle climate change, and preserve our oceans and forests.
Do you know all 17 SDGs? - United Nations, 2018. A one and a half minute YouTube video showing each of the 17 Sustainable Development Goals.
UN Flagship Report on Disability and Sustainable Development Goals – United Nations, 2018. A report put out by the United Nations looking at people with disabilities are included or excluded in the SDGs. Includes the full report and an easy read version.
Seeking a disability lens within climate change migration discourses, policies and practices – Sarah Bell, Tammy Tabe, and Stephen Bell, 2019. An academic article calling for integration of disabilities studies in climate discourses and understandings of climate migrants/refugees, focusing on research from the Asia-Pacific region.
The Right To Be Rescued: Disability Justice in an Age of Disaster - Adrien A. Weibgen, 2015. A Law Journal Note exploring the legalities behind climate planning, highlighting how the impacts of man-made disasters, specifically on people with disabilities, must be legally alleviated by the government (specific focus on the United States).
The Political Determinants of Disaster Risk: Assessing the Unfolding Aftermath of Hurricane Maria for People with Disabilities in Puerto Rico - Zachary A. Morris, R. Anna Hayward, and Yamirelis Otero, 2018. This environmental justice article uses sociopolitical and environmental justice (EJ) frameworks to analyze the specific impact of extreme weather on people with disabilities.
Guide to Disability Rights Laws - ADA.gov, 2020. This webpage gives an overview of laws in the United States that pertain to disability rights.
ADA Best Practices Tool Kit for State and Local Governments Chapter 7: Emergency Management Under Title II of the ADA - ADA Archive. This chapter of the ADA Best Practices Tool Kit explains the obligations of the US government to protect from harm, including preparing for, responding to, and recovering from emergencies and disasters.
Summary of Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations - United States Environmental Protection Agency (EPA). This brief web page summarizes Executive Order 12898 (February 1994), whose intention was to recognize how federal actions impact the environment and human health. This webpage also briefly explains Executive Order 14096, passed in April 2023, to strengthen federal efforts for environmental justice for all communities.
Executive Order 14008 of January 27, 2021 Tackling the Climate Crisis at Home and Abroad - Presidential Documents, 2021. A 15-page PDF of Executive Order 14008, focusing on United States actions against climate change, with a brief mention of people with disabilities.
The Right to be Rescued - Trailer - Rooted in Rights, 2015. A 15-minute YouTube film with interviews, perspectives and data following the impacts of Hurricane Katrina on people with disabilities. An audio descriptive version, full transcript, and discussion guides are available on Rooted in Rights' website.
Persons with disabilities in a just transition to a low-carbon economy - Maria Hasan, 2019. A 12-page PDF policy brief detailing what a just transition looks like for people with disabilities globally.
“Nothing about us without us” - Realizing disability rights through a just transition towards environmentally sustainable economies and societies - Gender, Equality, Diversity and Inclusion Branch (GEDI) & Green Jobs Programme, 2022. A 16-page PDF policy brief imploring a disability rights perspective to a just transition implementation in social dialogue, safety, and health.
Disability Justice, Climate Change, and Eco-Ableism - Columbia Climate School, 2021. An hour-long YouTube video of a panel of disability justice advocates who explore climate change inequities and impacts, specifically discussing Eco-Ableism.
Communities Actively Living Independent and Free (CALIF), et al. v. City of Los Angeles - Disability Rights Advocates. This landmark ruling in 2011 found that the City of Los Angeles did not have adequate emergency measures for people with disabilities and that it violated the ADA.
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