A/HRC/37/25 I. Introduction 1. In its resolution 31/6, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare its annual study on the rights of persons with disabilities to be submitted to the thirty-seventh session of the Council with a focus on article 13 of the Convention on the Rights of Persons with Disabilities. The study, to be made available prior to the thirty-seventh session, was to be undertaken in consultation with States and other relevant stakeholders, regional organizations, the Special Rapporteur on the rights of persons with disabilities, civil society organizations, including organizations of persons with disabilities, and national human rights institutions. The Council also requested OHCHR to require that contributions be submitted in an accessible format and that they be made available, together with the study, in an easy read version on the OHCHR website. 1 2. Pursuant to the Council’s request, OHCHR solicited contributions and received 22 responses from States, 14 from national human rights institutions, 2 from regional organizations and 21 from civil society organizations and other stakeholders. The present study focuses on the right to access to justice in relation to the implementation of the Convention. II. Right to access to justice under international human rights law A. Access to justice 3. Access to justice is a core element of the rule of law. 2 It is a fundamental right in itself and an essential prerequisite for the protection and promotion of all other human rights.3 Access to justice encompasses the right to a fair trial, including equal access to and equality before the courts, and seeking and obtaining just and timely remedies for rights violations. Guaranteeing access to justice is indispensable to democratic governance and the rule of law as well as to combat social and economic marginalization. 4. Persons with disabilities face significant obstacles in accessing justice, including criminal proceedings and the determination of civil rights and obligations. These obstacles include denial of their legal standing and due process guarantees and the inaccessibility of the physical and communication environments during proceedings. Furthermore, national legislation often contains provisions that deny equal treatment of persons with disabilities before courts and other jurisdictional bodies. 5. The Convention on the Rights of Persons with Disabilities is the first international human rights instrument that enshrines an explicit right to access to justice. It calls for the elimination of obstacles and barriers faced by persons with disabilities in accessing justice on an equal basis with others, and innovates on previous standards developed under international human rights law. The Convention not only clarifies what access to justice means for persons with disabilities, but also upholds equal and effective participation at all stages of and in every role within the justice system as a core element of the right to access to justice. The Convention thereby expands this right beyond the notions of a fair trial and effective remedies which have been the principal features put forward by human rights instruments and their monitoring bodies. 6. Goal 16 of the 2030 Agenda for Sustainable Development calls for promoting the rule of law and ensuring equal access to justice for all. Member States have a unique opportunity to implement article 13 of the Convention as part of their strategy to accomplish the goals of the 2030 Agenda. In order to “leave no one behind”, under the 1 2 3 See www.ohchr.org/EN/Issues/Disability/Pages/RighttoAccestoJusticeArticle13.aspx. See General Assembly resolution 67/1, paras. 14 and 16. See A/HRC/25/35, para. 3. 3