ABSTRACT

This chapter focuses on the relationship between legal capacity and criminal culpability. Since Article 12(2) recognises the legal capacity of persons with disabilities on an equal basis with others. The chapter deals with relationship between legal capacity and culpability in non-disabled persons. It examines how the principles of universal design, accessibility and reasonable accommodation are integral to according a fair trial for persons with disabilities. The chapter draws attention to the fair process requirements that need to be fulfilled when both complainant and accused are persons with disabilities. The right to equality would require that persons with disabilities are treated similarly to and yet not the same as non-disabled persons. The comparison between non-disabled and disabled persons shows that the exemption regime created for non-disabled persons cannot simply be extended to persons with disabilities. Persons with disabilities are thus integral members of the human populace.