A/HRC/37/25
60.
The Committee has recommended that training programmes address such areas as:
(a) barriers faced by persons with disabilities in accessing justice; 87 (b) the rights enshrined
in the Convention, including participation on an equal basis with others; 88 (c) the provision
of procedural accommodations in the legal process; 89 (d) overcoming gender- and
disability-based stereotypes; 90 (e) the rights connected to marriage, family, parenthood,
fertility and relationships; 91 and (f) ways to combat prejudice against persons with
disabilities, particularly those with psychosocial and/or intellectual impairments.
61.
Several training programmes demonstrate ways in which article 13 (2) can be
implemented. For example, in Spain, police and civil society have designed a training
manual for distribution to police stations. In South Africa, the Police Service has prioritized
the training of its staff about the rights of persons with disabilities. The European Union,
Estonia and France have trained judges and other agents of justice in this regard.
IV. Conclusions and recommendations
62.
The Convention on the Rights of Persons with Disabilities innovates the notion
of access to justice in international human rights law by defining what access means
for persons with disabilities, including tools to overcome barriers, and recognizing the
administration of justice as an integral part of governance in which participation is
key to promoting citizenship.
63.
The right to a fair trial for persons with disabilities includes ensuring that they
have equal access to claim rights, meaning that they must have access to courts and
legal proceedings and to maintain legal standing. Equal recognition before the law
and the right to access to justice are intrinsically intertwined, and often one element
cannot be enjoyed without the other. States should modify civil, criminal and
procedural laws which prevent persons with disabilities from directly or indirectly
participating in judicial or administrative processes on an equal basis with others
either by granting third-party representation in law or in fact without free and
informed consent or by denying legal standing. States should also implement laws and
policies that ensure that information needed to defend rights is accessible, and that
free and affordable legal aid is provided to persons with disabilities in all areas of law.
64.
Within proceedings, persons with disabilities face a number of barriers to
access justice due to discriminatory laws and practices, including being denied the
right to a trial. In respect of the principle of equality of arms, States should repeal
such laws and prohibit those practices and implement anti-discrimination measures,
including providing procedural accommodations when necessary, in all their forms
and in all legal proceedings. States should also reform their legislation that, as a
consequence of depriving persons with disabilities of legal capacity, promotes further
violations of the right to a fair trial, including the presumption of innocence, the right
to be heard in person, the right to contest witnesses and the right to offer evidence,
among other procedural safeguards of due process of law.
65.
The right to an effective remedy includes the obligation on the part of States to
act with due diligence to investigate, prosecute and punish perpetrators and/or
provide remedies. Redress and reparation, in all their components, should be
provided, taking into consideration the specific circumstances of the person with
disability, addressing systemic change, including the exposure of truth as a component
of satisfaction, and providing guidance for legal and policy reform and capacitybuilding as guarantees of non-repetition.
87
88
89
90
91
16
See CRPD/C/LTU/CO/1, para. 28.
See CRPD/C/SVK/CO/1, para. 42 (a); CRPD/C/ARM/CO/1, para. 22; CRPD/C/BIH/CO/1, para. 25;
CRPD/C/MDA/CO/1, para. 27 (b); CRPD/C/COL/CO/1, para. 35 (d); and CRPD/C/ETH/CO/1, para.
30.
See CRPD/C/SVK/CO/1, para. 42 (b).
See CRPD/C/CYP/CO/1, para. 18.
See CRPD/C/ITA/CO/1, para. 30.
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