Access to Justice
States Parties 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.
In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff. (Article 13)
Obligations
This article is an important new development, or application, of the right of equality before the law to persons with disability. The article requires State Parties to ensure effective access to justice for persons with disability. This is a new positive dimension to the obligation that will require State Parties to undertake measures that will ensure substantial equality of treatment, rather than mere formal equality treatment, of persons with disability in the justice system. In this respect, it highlights the need for procedural accommodations to the legal process to facilitate the effective participation of all persons with disability in the justice system in whatever role they encounter it, for example, whether as litigants, defendants, victims or other witnesses, or as officers of the justice system, such as jurors, lawyers, administrators and adjudicators. The article also requires State Parties to ensure that specific age-appropriate accommodation are made to the legal process that will ensure effective access to justice for children and young persons with disability. Paragraph 2 requires State Parties to ensure effective access to justice for persons with disability by promoting appropriate disability related training of justice agency personnel.
Indicators
• Persons with disability enjoy effective access to justice at all stages of the legal process.
• Procedural accommodations are made in the legal process to ensure effective participation of persons with disability in the justice system in whatever role in which they encounter it.
• Age-related accommodations are made to the legal process to ensure effective participation of children and young persons with disability.
• Appropriate training is provided to all justice agency personnel to ensure access to justice for persons with disability.
Example
The right to access to justice will be particularly relevant to people who through their work are involved in:
• Working in the field of administration of justice, including police and prison staff
• The provision of training for those working in the field of administration of justice, including police and prison staff