A/HRC/37/25
which allow for exposing truth and illustrating the proper dimension of the situation they
are facing.
2.
Independent monitoring frameworks
46.
Independent monitoring frameworks designated under article 33 (2) of the
Convention, including national human rights institutions, can play a significant role in
strengthening access to justice for persons with disabilities, particularly when sufficiently
resourced to independently monitor and promote the implementation of the Convention.
Beyond monitoring, for example for the purposes of preventing and identifying violations
in accordance with article 16 (3), these institutions may be mandated to receive and address
complaints relating to human rights violations. Through their work, they can help identify
barriers faced by persons with disabilities in accessing justice by documenting them and
make recommendations to address them, including by calling for urgent policy or legal
reforms. Further, they are central to raising awareness about the rights of persons with
disabilities and can assist Governments in the design and delivery of training programmes
to judges, legal professionals, police staff and other stakeholders. Such mechanisms should
work closely with persons with disabilities, providing them with accessible information
about their rights and assisting them in making complaints or seeking appropriate remedies.
3.
Redress and reparation
47.
Courts and other jurisdictional bodies should pay specific attention to redress and
reparation when providing for specific remedies for persons with disabilities, ensuring that
the remedy for the violations of the human rights at stake is proportionate to the overall
objective of restoring the dignity of the victim.
48.
The Committee has called on States to ensure the availability and accessibility of
legal remedies and of effective reparations and redress for victims of discrimination. 70 It has
stated that remedies should aim at changing attitudes 71 and ensure the possibility of seeking
injunctions. 72 Redress and reparation include restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.73 Persons should have access to remedies in
criminal and civil courts, and in administrative and quasi-judicial jurisdictions.
49.
Restitution aims to restore the victim to the original situation before the violation
occurred, and will require a case-by-case analysis to ensure that the individual is removed
from a risk of repetition of the violation. Standardized solutions may not provide redress for
the specific situation of persons with disabilities; hence, an assessment involving the direct
participation of the person concerned is needed when rendering judicial or other
jurisdictional decisions. For example, in Peru the Supreme Court of Santa requires a
contextual analysis of the person when deciding cases on the basis of the standard of the
“best interpretation of the will and preference”, as developed by the Committee in its
general comment No. 1.74 Further, regarding arbitrary deprivation of liberty, the Committee
has endorsed the recommendations of the Working Group on Arbitrary Detention, among
others that, in any legal proceeding, whether judicial or administrative, where detention is
found to be arbitrary owing to the lack of free and informed consent to proceedings,
restitution should imply the restoration of liberty. 75
70
71
72
73
74
75
See CRPD/C/DEU/CO/1, para. 12 (c); CRPD/C/TKM/CO/1, para. 10; and CRPD/C/CYP/CO/1, para.
14.
See CRPD/C/BEL/CO/1, para. 12. See also Inter-American Court of Human Rights, Ximenes-Lopes
v. Brazil, series C No. 149, judgment of 4 July 2006, as an example of this type of remedy.
See CRPD/C/BEL/CO/1, para. 12.
See Basic Principles and Guidelines on the Right to a Remedy and Reparation, para. 18; and
Committee against Torture, general comment No. 3, para. 6.
Acta de Sesión Plenaria, Pleno Jurisdiccional Distrital de Familia, Corte Superior de Justicia del Santa,
Peru, 15 July 2016.
See “Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities”, para. 24;
see also Basic Principles and Guidelines on the Right to a Remedy and Reparation, para. 19.
13
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