ABSTRACT

This chapter discusses the general right to access justice for people with disabilities under Article 13 of the CRPD. It examines the legal capacity. The ability to access justice has been described as of critical importance to the enjoyment of all other human rights. Article 13 of the CRPD affirms the right of all people with disabilities to access justice on an equal basis with people without disabilities. Article 13 goes beyond simply ensuring formal equality for people with disabilities within the justice system. In particular, Article 13 guarantees the right of all persons with disabilities to: effective access to justice on an equal basis with others; effective access to justice at all phases of the administration of justice; effective access to justice as both direct and indirect participants; and, procedural and age-appropriate accommodations to facilitate their right to access justice. In sum, in most countries in the world today, the criminal justice system, systematically disadvantages people with disabilities.