Law and justice
People with disabilities report experiencing barriers within the law and justice system, that hinder their access to justice and fair treatment. These barriers may include: inaccessible courtrooms and legal services, inaccessible communications - such as not providing sign language interpretation or documents in accessible, easy-to-understand formats, discriminatory attitudes and assumptions about the credibility or competency of people with disabilities, and, policies and laws that do not recognise the legal capacity of people with disabilities. Such barriers can prevent people with disabilities from effectively participating in legal proceedings, understanding their rights, accessing legal aid, and obtaining fair outcomes.
Article 13 of the UN Convention on the Rights of Persons with Disabilities (CRPD) guarantees access to justice for people with disabilities on an equal basis with others. Failure to consider and implement disability-inclusive law and justice programs can further entrench and exacerbate marginalisation and disempowerment of people with disabilities in the legal system, and the wider society as a result.
Resources in this section provide evidence to understand the barriers people with disabilities experience when accessing justice, and reports that detail the obligations of State Parties to uphold the rights of persons with disabilities to access justice on an equal basis with others.
Special Rapporteur on the rights of persons with disabilities (2018) Report of the Special Rapporteur on the rights of persons with disabilities to equal recognition before the law
This report establishes a path towards universal legal capacity on the basis of the Convention on the Rights of Persons with Disabilities (CRPD) and other international human rights treaties.
UNCRPD (2014) General Comment No. 1 – Article 12 : Equal recognition before the law
General Comment No. 1 of the CRPD clarifies the obligations of States parties under Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD).
UN Women and Women Enabled International (2022) Access to Justice for Women with Intellectual and Psychosocial Disabilities in Asia and the Pacific
This brief analyses the key barriers women with intellectual and psychosocial disabilities face in accessing justice and proposes targeted actions to close the justice gap.
ESCAP (2022) Harmonisation of national laws with the convention on the rights of persons with disabilities: Overview of trends in Asia and the Pacific
This report studies the trends of Asian and Pacific countries in harmonising their national laws with the Convention on the Rights of Persons with Disabilities (CRPD).
