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Legal remedies through litigation for the rights of disabled people

DISABILITY RIGHTS DEFENDERS
EUROPEAN NETWORK ON INDEPENDENT LIVING
ARTICLE 19 AS A TOOL
November 2020

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Even though most countries have ratified the CRPD, the rights of disabled people get violated daily all over the world. In almost every country there are national laws and international agreements which should assure the same rights for disabled people. The main problem is that the laws are widely unenforced, that is why remedies are needed. There is a need for deeper discussions on tools for strategic litigation, including effectiveness of legal and injunctive remedies, different forms of compensation for violations of human rights and procedural strategies for impact, as important tools to fight against violations of disability rights. Thereby, every law system and country has different ways and possibilities to redress violations. In this webinar we want to look at the need for better remedies, access to justice and strategic litigation. We learn from the experience of international experts with strategic litigation and remedies and discuss what kind of changes we would like to see in the remedies available or what kind of new remedies are needed. How can we establish an exchange of international experience and cooperation between organizations in the work towards better remedies?

 

The following speakers shared their expertise:

Paul Lappalainen, Swedish/US lawyer, European Equality Law Network: Access to justice / Access to remedies
Mari Siilsalu, lawyer at Article 19 as a tool, Independent Living Institute: Survey on legal remedies
Ann Campbell, Co Executive Director at Validity Foundation: Looking beyond compensation: innovative remedies for women with disabilities
Stellan Gärde, Swedish lawyer and author: A human right - The right to legal aid
Timothy Hodgson, legal advisor at ICJ, lecturer at University of Pretoria: Economic and social rights litigation

 

The webinar was moderated by Ola Linder, Swedish lawyer and project leader of Article 19 as a tool. 

International Principles and Guidelines on access to justice for persons with disabilities

SPECIAL RAPPORTEUR ON THE RIGHTS OF PERSONS WITH DISABILITIES
COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES
SPECIAL ENVOY OF THE SECRETARY GENERAL ON DISABILITY AND ACCESSIBILITY
August 2020

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The International Principles and Guidelines on access to Justice for persons with disabilities are a practical tool to support States in designing and implementing justice systems that provide equal access to justice for persons with disabilities, in line with international human rights standards. They are a result of consultations and collaboration with disability rights experts, organizations of people with disabilities, States, academics, and other practitioners.

 

The document outlines 10 principles of access to justice for people with disabilities

Transformative equality: Court accommodations for South African citizens with severe communication disabilities

WHITE, Robyn M
BORNMAN, Juan
JOHNSON, Ensa
TEWSON, Karen
NIEKERK, Joan van
April 2020

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Background: Persons with disabilities are generally at greater risk of experiencing violence than their peers without a disability. Within the sphere of disability, individuals with severe communication disabilities are particularly vulnerable and have an increased risk of being a victim of abuse or violence and typically turn to their country’s criminal justice system to seek justice. Unfortunately, victims with disabilities are often denied fair and equal treatment before the court. Transformative equality should be pursued when identifying accommodations in court for persons with communication disabilities, as the aim should be to enable such individuals to participate equally in court, without barriers and discrimination.

 

Objectives: This research aimed to identify court accommodations recommended by legal experts, which could assist individuals with severe communication disabilities in the South African court.

 

Method: A qualitative design was used to conduct a discussion with a panel of legal experts.

 

Results: Using Article 13 (Access to Justice) of the Convention on the Rights of Persons with Disabilities (CRPD) as a human rights framework, four themes were identified: equality, accommodations, participation and training of professionals.

 

Conclusion: Foreign and national law clearly prohibits discrimination against persons with communication disabilities because of their disability and state that they should be given fair and equal access to the court system. For transformative equality to be achieved, certain rules and laws need to be changed to include specific accommodations for persons with communication disabilities so that they may be enabled to participate effectively in court in the criminal justice system.

 

 

 

African Journal of Disability, Vol 9, 2020

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