Access to Justice

The ability to access justice is of critical importance in the enjoyment of all other human rights.

For example, a person with a disability who feels that she or he has been denied the right to work may wish to turn to the justice system to seek a remedy. However, if the justice system fails to accommodate their physical, communication, or other disability-related needs, and/or expressly discriminates against her or him, then clearly denial of access to the justice system also results in denial of protection of the right to work.

Similarly, a person with a disability who has been the victim of a crime may wish to report the crime to the police and press charges against the offender. However, if he or she is denied physical access to the police station, clear communication with the police, or access to information that is understandable, then that person may not be able to fully exercise her or his rights as a victim.

In addition, persons may be called upon to participate in the justice system, for example, as witnesses or as jurors in a trial. Unfortunately, persons with disabilities have often been denied fair and equal treatment before courts, tribunals, and other bodies that make up the justice system in their country because they have faced barriers to their access.

Such barriers not only limit the ability of persons with disabilities to use the justice system, they also limit their contributions to the administration of justice.

According to the Convention on the Rights of Persons with Disabilities (CRPD):

1. States reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
5. In order to help to ensure effective access to justice for persons with disabilities, States shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
6. States shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible, and are subject to regular review by a competent, independent and impartial authority or judicial body.
7. Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.