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CRPD concluding observations 2017, paragraph 33

UN recommendation

Plain English recommendation

Government should:

Work with disabled people’s organisations to:

(a) Develop programmes to make judges, prosecutors, police officers and prison staff aware of disabled people’s rights.

(b) Put in place a support system for disabled people, particularly those with learning disabilities and mental health conditions, to make decisions in court proceedings.

(c) Provide free or affordable legal aid for disabled people.

(d) Ensure disabled people have equal rights within the justice system by making adequate adjustments. Enable deaf people to sit on juries with the help of sign language interpreters.

(e) Encourage and support disabled people to work in the justice system.


Original UN recommendation

The Committee recommends that the State party, in close collaboration with organizations of persons with disabilities:

(a) Develop and implement capacity-building programmes among the judiciary and law enforcement personnel, including judges, prosecutors, police officers and prison staff, about the rights of persons with disabilities.

(b) Design and implement a decision-making regime with guidelines and appropriate resources, focusing on respecting the will and preferences of persons with disabilities, particularly persons with intellectual and/or psychosocial disabilities, in court proceedings.

(c) Provide free or affordable legal aid for persons with disabilities in all areas of law and remove fees to access courts and employment tribunals, bearing in mind the Supreme Court ruling of 26 July 2017 regarding the Employment Tribunal’s fees (R (on the application of UNISON) (Appellant) v. Lord Chancellor (Respondent)).

(d) Ensure that all persons with disabilities enjoy the right and are provided with adequate procedural accommodation within the justice system, and enable in particular deaf persons through the use of sign language interpreters, to fully and equally participate as jurors in court proceedings.

(e)  Take measures to empower persons with disabilities to work in the justice system as judges, prosecutors or in other positions, with the provision of all necessary support.

Date of UN examination

03/10/2017

UN article number

13 (access to justice)

Last updated on 08/10/2019