The Duty to Repect, Protect, and Fulfil Obligations Relating to Access to Justice

Taken as a whole, States’ obligations with regard to access to justice include:

1. Obligation to respect:

   States must refrain from engaging in any act, custom, or practice that denies or limits equal access to justice for persons with disabilities.

   Example: The State repeals a law that allows judges and lawyers to interfere with the exercise and enjoyment of access to justice by persons with disabilities by denying them the opportunity to serve as jurors or as witnesses in a trial.

   Example: The State reviews practices regarding admission of persons with disabilities into legal education programs to ensure discrimination is not occurring and introduces legislation to override a court decision prohibiting persons with disabilities from serving as judges.

2. Obligation to protect:

   States must take all appropriate measures to eliminate discrimination and violations of access to justice by any non-State actors.

   Example: The State takes measures to ensure that security guards at court house facilities take measures to accommodate persons with disabilities.

   Example: The State provides accommodations in legal proceedings to enable a person with a disability who is a victim of a crime to seek a remedy.

3. Obligation to fulfil:

   States must be proactive in their adoption and implementation of measures to give effect to access to justice.

   Example: The State adopts training programs for court officials on disability awareness and how to provide reasonable accommodations for persons with disabilities in the justice system.

   Example: The State introduces an “affirmative action” program to encourage greater participation of students with disabilities in legal and paralegal education.

In sum, international human rights law strongly supports the right of persons with disabilities to have meaningful and effective access to justice in all its phases, not only as a right in itself, but also as a means to ensure that persons with disabilities may better enjoy their other human rights and fully assume their responsibilities as members of society.