Date of publication:

08/22/2025

Bangladesh

Do domestic laws and policies provide forcibly displaced and stateless persons with disabilities access to care, support and health care services? 

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

There is Bangladeshi domestic laws and policies which addresses refugees with disabilities the right to access support and healthcare services. Legislation and policy provide the person with disabilities certain rights, and they are appliable to all person within the territory of Bangladesh. 

The Rights and Protection of Persons with Disabilities Act (2013) ensures the rights and protection of any persons with disabilities in Bangladesh that includes the refugees and asylum seekers. It mandates non-discrimination and equal access to various services, including healthcare, education, and employment. The Act specifically addresses the need for accessible healthcare services for persons with disabilities.  The Mental Health Act, 2018 has defined the mental patient and mentally handicapped people as ‘Non protesting patient’1 and has provided simple procedure for admitting them into hospitals for healthcare services.2 The government addressing the concern persons with Neurodevelopment Disabilities, has established a Trust for their protection titled, ’Neuro-Development Disabilities Protection Trust Act, 2013’. The act states to provide proper healthcare services to the person with neurodevelopment disability3 and has created a fund for providing healthcare assistance to the person with neurodevelopment disabilities.4 Furthermore, the Children Act, 2013 has defined children with disabilities as ’Disadvantaged Child’5 and made provision for ensuring necessary alternative care,6 institutional care,7 and their physical and mental development.8 All these acts apply to any person within Bangladesh and theoretically refugees and asylum seekers are also subject of these laws.  

In addition to the domestic laws, practical measures supported by humanitarian partners provide support and healthcare services in refugee camps. The Government of Bangladesh, with the support of humanitarian partners supports refugees with disabilities’ access to healthcare and other support. For the Rohingya refugees residing in Cox’s Bazar, ‘The Health Sector Strategic Plan 2023-24’ states about providing the person with disabilities (PWD) impartial access to healthcare services.9 The Minimum Package of Essential Health Services for Primary healthcare facilities in the FDMN/ Refugee camps in Cox’s Bazar also provides for assessment and care of person with disabilities and providing them with referral services in case of need.10

Refugees with disabilities may face difficulties accessing healthcare services due to geographical barriers and logistical challenges within camps. Humanitarian partners support Rohingya refugees with disabilities with rehabilitation, assistive devices and other services aimed at helping refugees with disabilities to move and live independently.  

 In the Rohingya refugee camps in Cox’s Bazar, throughout continuous development in the past years, humanitarian partners have adopted disability inclusion policy to recognize the specific needs of the PWDs. Many partners have established mobile health clinics and disability focus programs to provide medical care, assistive devices (wheelchairs, prosthetics) and other rehabilitation services. The Health Posts and Primary Health Centers in refugee camps have been modified to be more accessible with wider doors, ramps and priority services. Still, due to inadequate infrastructure, geographical location and transportation facilities, many health services remain inaccessible to the PWDs. Cultural stigma, deprioritizing by the family members in a resource constrained setting, lack of awareness still poses challenges to access adequate healthcare services.  

Regarding mental health of the person with disabilities, Mental health and psychosocial support (MHPSS) services are being provided through community initiatives, awareness campaigns, and a newly established inpatient mental health wing for both host and refugee communities. While most Primary Health Centers (PHCs) offer non-specialized MHPSS services, only a few provide clinical mental health care—just 10 out of 43 by Q4/2021. A key challenge is the shortage of skilled personnel and limited supervision, despite mhGAP training being present in most PHCs. High staff turnover further affects the continuity and quality of clinical care. 

  • 1

    Section 2(1), The Mental Health Act, 2018

  • 2

    Ibid, s. 11 and 13

  • 3

    Section 17, Neuro-Development Disabilities Protection Trust Act, 2013

  • 4

    Ibid, s. 26

  • 5

    Section 89, The Children Act, 2013

  • 6

    Ibid, s. 8(2)(b), 84

  • 7

    Ibid, s. 85

  • 8

    Ibid, s. 89

  • 9

    The Health Sector Strategic Plan 2023-24, Health Sector, Cox’s Bazar

  • 10

    The Minimum Package of Essential Health Services for Primary healthcare facilities in the FDMN/ Refugee camps, Cox’s Bazar, February 2020, p. 5 

    LAW & POLICY

    Related provisions of domestic law or policy

    Act No. 24 of 2013, The Children Act

    Legal provision

    Section 89: Disadvantaged children

    (1) For the purposes of this Act, the following children shall be considered as disadvantaged children, namely:- (a) the child whose parents, any one or both,have died; (b) the child without legal or lawful guardian; (c) the child without any particular home or residence or without visible means of living; (d) the child engaged in begging or anything against welfare of the child; (e) the child dependent on the parents imprisoned or living in the prison with the imprisoned mother; (f) the child victim of sexual oppression or harassment; (g) the child staying with or going usually to the residence or workplace of any person or offender engaged in prostitution or anti-social or seditious activities; (h) the child disabled of any type; (i) the child with unnatural behavioural disorder caused by drugs or any other reason; (j) the child who has fallen into ill company, or who may face moral degradation or who is at the risk of entering into the criminal world; (k) the child residing in slum; (l) the homeless child residing on the street; (m) the effeminate child (hijra); (n) the gypsy and the untouchable (harijan) child; (o) the child infected with or affected by HIV-AIDS; or (p) any child considered by the Children’s Court or the Board to be in need of special protection, care and development. (2) The Government may take necessary measures in the manner prescribed by rules for the purposes of ensuring special protection, care and development of the disadvantaged children.

    The Mental Health Act, 2018

    Legal provision

    Definition

    (1) 'Nonprotesting patient' means any mental patient or mentally retarded who is unable to give an opinion regarding treatment or admission due to mental health reasons but has not obstructed receiving psychiatric treatment; (6) 'Treatment' means the administration of medication, advice or services under the supervision of a psychiatrist or scientific alternative treatment approved by the Government; (14) “Drug addiction” means the symptoms of physical and mental changes harmful to a person as a result of regular use or intake of any substance or sudden cessation of regular intake; (15) “Mental illness” means a form of mental disease other than drug addiction and mental retardation as diagnosed by the Medical Officer in charge; (16) 'Mental disorder' means any clinically recognized symptom or behavior including mental retardation and drug addiction which is associated with various physical and mental or both and which interferes with the normal life of the person; (18) 'Mental health' means a normal state in which every individual can realize his potential, live in harmony with the normal stresses of life, engage in productive and productive activities, and contribute to the community in his area. ;