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UN Programme on Disability   Working for full participation and equality

Back to: Guide to Ad Hoc Committee Documents



Access to Justice

Draft Proposed New Article

 

1. States Parties shall take appropriate and effective measures to ensure accessibility of the legal system to persons with disabilities, including but not limited to the following:

(a) accessibility of judicial proceedings, including modification of evidentiary and other procedures so that persons with disabilities can serve as witnesses, jurors, lawyers, judges and in other roles;

(b) elimination of physical, social, informational, communicational, linguistic or other barriers to the effective exercise of rights and participation in all official proceedings concerning the person or in which the person has an interest;

(c) accommodation in law enforcement processes, including investigative procedures;

(d) provision of accessible services to crime victims who are persons with disabilities;

(e) placing a duty on courts to consider hatred of their victims as an aggravating factor when sentencing convicted perpetrators of physical, sexual, psychological or any other form of violence against people with disabilities.

NOTE: We support a general provision on training to be put in article 4, which would cover training of law enforcement and judicial personnel among others, in issues related to implementation of the convention.

 


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