Equal recognition before the law 2014, para. 38

Paragraph
Paragraph text
States parties have an obligation to ensure that persons with disabilities have access to justice on an equal basis with others. The recognition of the right to legal capacity is essential for access to justice in many respects. In order to seek enforcement of their rights and obligations on an equal basis with others, persons with disabilities must be recognized as persons before the law with equal standing in courts and tribunals. States parties must also ensure that persons with disabilities have access to legal representation on an equal basis with others. This has been identified as a problem in many jurisdictions and must be remedied, including by ensuring that persons who experience interference with their right to legal capacity have the opportunity to challenge such interference - on their own behalf or with legal representation - and to defend their rights in court. Persons with disabilities have often been excluded from key roles in the justice system as lawyers, judges, witnesses or members of a jury.
Legal status
Non-negotiated soft law
Body
Committee on the Rights of Persons with Disabilities
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Persons with disabilities
Year
2014
Paragraph type
Other
Reference
CRPD General Comment No. 1, Equal recognition before the law (2014), para. 38.
Paragraph number
38