Facts Box: United Nations Guidelines on Access to Social Justice for people with Disabilities
The United Nations recently released the first ever guidelines to social justice for people with disabilities in order to make it easy for them to access justice systems in the world.
The Guidelines are as follows
- All persons with disabilities have legal capacities. Therefore, none shall be denied access to justice based on disability.
- The persons with disabilities have right to accommodations.
- In order to ensure equal access to justice to the disabled without discrimination, the services and facilities must be universally accessible.
- The Disabled persons have right to access to legal notices in a timely manner in equal basis with the others
- The disabled persons are entitled to procedural safeguards that re recognized by the international law on an equal basis with the others. The States shall provide required accommodation in order to guarantee due process.
- The persons with disabilities have the right to participate in the judicial administration as that of the others
- They have rights to file a complaint or initiate legal proceedings concerned to human rights violations and crimes.
- There has to be a robust monitoring mechanism to support access to justice for persons with disabilities.
- The persons working in the judicial system should be provided with awareness raising and training programmes and address the rights of persons with disabilities.
Definition to the Disabled
The United Nations Convention on the Rights of Persons with Disabilities defines a person with disability as, “he who has long-term mental, physical, intellectual or sensory impairments”. Also, according to the convention, the disability is a criteria that hinders their effective participation in the society.
What is Discrimination on the basis of Disability?
It is an exclusion or distinction that has its effect of nullifying the enjoyment, recognition on equal basis as with the others.