Access to Justice for Persons with Disabilities

This article discusses the challenges faced by persons with disabilities in accessing justice and the policies implemented by the United Nations to establish their rights. It highlights the vulnerability of persons with disabilities to physical and sexual abuse and the need for legal awareness and communication to establish their rights. The article also emphasizes the importance of providing sufficient legal services to persons with disabilities and promoting practical rights enforcement.

Running head: EVIDENCE LAW
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The term intellectual disability refers someone who has bit intelligence and who
finds it difficult to apply the skill regarding his or her daily activities1. Intellectual disability
can be termed as mental retardation and it has been observed that their learning skill process
is slower compare to others. According to the psychological definition, the people suffer from
intellectual disability have two limitations such as intellectual functioning and adaptive
behaviours. However, it has not mentioned anywhere that they could not learn a thing; but the
process of learning is quite slower. It has been observed that in many times, the persons with
such disabilities could not get proper justice. The basic right of the people is to be equally
treated before the law and special care is required in their case.
Individuals with psychological, intellectual disabilities or communication disabilities may
become involved in criminal proceeding. Such persons with disabilities may be involved in
the criminal proceedings either as defendant, suspects or witnesses.
The reports of the United Nations indicate that persons with any of the disabilities as listed
above have a higher probability of getting involved in the criminal proceeding as compared to
the people without the difficulties. Such people with disabilities are most often victimized
and are subjected to physical abuse and physical or sexual assault which is related to the
vulnerability to such disabilities. Crimes against such persons with disabilities have a low of
probability of being reported. In most cases persons suffering from such disabilities, who
become victims of physical and sexual abuse and assault fear the backlash of the perpetrator
and therefore refrain from filing complaints of such sexual and physical abuse. It has been
estimated that approximately one billion people, accounting for 15 percent of the global
population experience some form of disability. Article 1 of the United Nations convention on
the Rights with persons with disabilities provides the definition of persons who experience
1 Gilissen, Christian, et al. "Genome sequencing identifies major causes of severe intellectual disability." Nature 511.7509
(2014): 344.

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disabilities. It can be stated that such persons who suffer from some form of disabilities face
some form of socio economic marginalization which results in poor treatment ad healthcare
facilities, limited prospects of employment and low quality of education. Further it can be
stated that the barriers to access to justice exacerbates the aforementioned negative outcomes.
Disability is a social curse and lack of nutrition or below quality of education
creates disabilities among the people2. Therefore, access to justice can be considered as the
fundamental rights of the disabled people. However, the international policy makers have
failed to promote any provisions for the disabled persons. The disabled person’s rights have
been mentioned under the Sustainable Development Agenda. However, an attempt has been
made by the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD)3.
A definition has been given regarding the disabled person and according to this convention,
the disabled person has to face serious disproportional mentalities in the society and
therefore, they have to face serious restriction regarding community participation. It has often
observed that the disabled persons are facing disrespect, outrage of modesty and they have to
face violence in certain times.
However, United Nations have implemented certain policies with an intention to
establish justice for the disabled people. The UN that could be enjoyed by the disabled person
has declared certain set of rights. Further, it has been observed that the preamble of the
Convention is based on the assurance of establishing the rights and dignity of disabled
person4. Therefore, issues relating to the disabled person have become the mainstream and
2 Ma, Huan, et al. "CaMK2G, an Intellectual Disability Candidate Gene, Is Critical for Spatial Learning and Activity-
dependent BDNF Synthesis in the Hippocampus." JOURNAL OF GENERAL PHYSIOLOGY. Vol. 146. No. 3. 950 THIRD
AVE, 2ND FLR, NEW YORK, NY 10022 USA: ROCKEFELLER UNIV PRESS, 2015
3 Buxbaum, Joseph, et al. "Combining Autism and Intellectual Disability Exome Data Yields Insight into both
Disorders." NEUROPSYCHOPHARMACOLOGY. Vol. 40. MACMILLAN BUILDING, 4 CRINAN ST, LONDON N1
9XW, ENGLAND: NATURE PUBLISHING GROUP, 2015.
4 Wickström, Maria, et al. "Increased risk for mental illness, injuries, and violence in children born to mothers with
intellectual disability: A register study in Sweden during 1999–2012." Child abuse & neglect 65 (2017): 124-131.

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integral parts of the strategies developed by the United Nation. Observation made by the
United Nation to this aspect states that a peaceful and sustainable society can be generated
when the rights of all the people can be established. However, it is very difficult to find out
the fact that to what extent the rights of the disabled persons established. According to article
31 of the convention, inappropriate data has created negative effect on the disable person and
they often have to face serious trouble due to the same5.
However, justice can be promised to the disable person through certain acts:
 Sufficient awareness should be provided to the people so that they could handle the
disable person with care and respect;
 All the obstacles and barriers that refrain the disable person to get fair chance
should be addressed and solve out;
 The civil society should extend their hand to the disable people with an intention to
promote practical rights enforcement;
 All the national and international policies regarding the disable person should have
to be utilized and proper opportunities must be provided to them.
At first, the process of justice is required to be identified. According to Eilionóir
Flynn (2016), the disabled people should not be discriminated and they should enjoy their
equal rights before the court and in everywhere. Further, effective remedy should have to
given to them and the trial process should be impartial in nature. The legal capacity of the
disable person has been mentioned in article 12 of the convention and that should be
maintained over all6. Any types of discrimination are not allowed in this case and sufficient
5 Curryer, Bernadette, Roger J. Stancliffe, and Angela Dew. "Self-determination: Adults with intellectual disability and their
family." Journal of Intellectual and Developmental Disability40.4 (2015): 394-399.
6 Najdowski, Cynthia J., and Bette L. Bottoms. "Effects of jurors’ gender and attitudes toward intellectual disability on
judgments in cases involving disabled juvenile defendants." The Journal of Forensic Psychiatry & Psychology 26.3 (2015):

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respect is required to be given regarding the preference of the disable person. The process of
unchecked power imbalance should be avoided and society has to play vital role in all the
cases. According to the United National Development Programme, sufficient legal awareness
is required to provide justice to the disable person. The communication level should be
developed so that the rights of the disable people can be established prominently. Much
concentration over the strategic litigations are required to this effect.
Thus, to conclude it can be stated that Access to justice is a fundamental right which acts as a
precondition of enjoying all other fundamental rights. Access to justice acts as a remedial
measure for the enforcement of all the other fundamental rights and also provides a unique
instrument to fight all sorts of discrimination. People who suffer from disabilities have
difficulty accessing judicial courts and quasi judicial courts and are denied legal capacity.
Thus it can be said paradoxically and ironically that those who in dire need of access to an
efficient justice system are the ones who face the most barriers in accessing the same. Such
persons who suffer from intellectual or any form of disability often become victims of
physical and sexual abuse. Crimes against such disabled persons are rarely reported. They
fear the backlash of the perpetrators in the event of reporting the crimes committed against
them. According to the United National Development Programme sufficient legal service is
required to be provided to the persons who face disabilities. The United Nations’ Convention
on the Rights of Persons with Disabilities (CRPD) has been developed to make the persons
who face disabilities realize their rights.
407-424.

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Reference:
Buxbaum, Joseph, et al. "Combining Autism and Intellectual Disability Exome Data Yields
Insight into both Disorders." NEUROPSYCHOPHARMACOLOGY. Vol. 40. MACMILLAN
BUILDING, 4 CRINAN ST, LONDON N1 9XW, ENGLAND: NATURE PUBLISHING
GROUP, 2015.
Curryer, Bernadette, Roger J. Stancliffe, and Angela Dew. "Self-determination: Adults with
intellectual disability and their family." Journal of Intellectual and Developmental
Disability40.4 (2015): 394-399.
Gilissen, Christian, et al. "Genome sequencing identifies major causes of severe intellectual
disability." Nature 511.7509 (2014): 344.
Ma, Huan, et al. "CaMK2G, an Intellectual Disability Candidate Gene, Is Critical for Spatial
Learning and Activity-dependent BDNF Synthesis in the Hippocampus." JOURNAL OF
GENERAL PHYSIOLOGY. Vol. 146. No. 3. 950 THIRD AVE, 2ND FLR, NEW YORK, NY
10022 USA: ROCKEFELLER UNIV PRESS, 2015.
Najdowski, Cynthia J., and Bette L. Bottoms. "Effects of jurors’ gender and attitudes toward
intellectual disability on judgments in cases involving disabled juvenile defendants." The
Journal of Forensic Psychiatry & Psychology 26.3 (2015): 407-424.
Wickström, Maria, et al. "Increased risk for mental illness, injuries, and violence in children
born to mothers with intellectual disability: A register study in Sweden during 1999–
2012." Child abuse & neglect 65 (2017): 124-131.