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Equality and non-discrimination of persons disabilitiesand the right of persons with disabilities to access to justice, para. 36
- Paragraph text
- 4 (h) Amending civil, criminal and procedural laws that prevent persons with disabilities from directly or indirectly participating in judicial or administrative processes on an equal basis with others, including those measures that grant third-party representation in law or in fact without free and informed consent or by denying legal standing;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2018
Paragraph
Equality and non-discrimination of persons disabilitiesand the right of persons with disabilities to access to justice, para. 19
- Paragraph text
- Emphasizing that access to procedural and age-appropriate accommodations is essential to facilitating the effective role of persons with disabilities as direct and indirect participants, including as witnesses, in all legal proceedings, including at the investigative and other preliminary stages, and highlighting the key role of States in promoting appropriate training for those working in the field of administration of justice, including police and prison staff, in order to help to ensure effective access to justice for persons with disabilities, as recognized in article 13 of the Convention,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2018
Paragraph
Equality and non-discrimination of persons disabilitiesand the right of persons with disabilities to access to justice, para. 39
- Paragraph text
- 4 (k) Reforming legislation that has the effect of depriving persons with disabilities of legal capacity on an equal basis with others, including legislation affecting the right to a fair trial, including the presumption of innocence, the right to be tried in person and defend oneself in person or through legal counsel of one’s choosing, the right to examine witnesses for the prosecution and to obtain evidence and examine witnesses on one’s behalf, and the right not to be compelled to testify or confess guilt, among other procedural safeguards and fair trial guarantees;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2018
Paragraph
Equality and non-discrimination of persons disabilitiesand the right of persons with disabilities to access to justice, para. 41
- Paragraph text
- 4 (m) Enabling persons with disabilities in their role as witnesses, jurors, experts, judges, lawyers or other interlocutors within the justice system to exercise their right to participate in public and political life on an equal basis with others;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2018
Paragraph
The girl child 2017, para. 27
- Paragraph text
- Also urges States to ensure that children who are capable of forming their own views have the right to express those views freely in all matters affecting them, with the views of the child being given due weight in accordance with the age and maturity of the child, to ensure that this right is fully and equally enjoyed by the girl child, to meaningfully involve girl children, including those with special needs, as well as girls with disabilities, and their representative organizations in decision-making processes, as appropriate, and to include them as full partners in identifying their own needs and in developing, planning, implementing and assessing policies and programmes to meet those needs, with a view to ensuring their full and effective participation;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2017
Paragraph
Rights of indigenous peoples 2017, para. 16
- Paragraph text
- Recognizing the importance of access to justice in the promotion and protection of the rights of indigenous peoples and individuals and the need to examine and take steps to remove obstacles to justice, especially for indigenous women, indigenous children, youth, older persons and indigenous persons with disabilities,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Rights of indigenous peoples 2017, para. 21
- Paragraph text
- Underlines the need to intensify efforts, in cooperation with indigenous peoples, to prevent and eliminate all forms of violence and discrimination against indigenous women, children, youth, older persons and persons with disabilities and to support measures that will ensure their empowerment and full and effective participation in decision-making processes at all levels and in all areas and eliminate structural and legal barriers to their full, equal and effective participation in political, economic, social and cultural life;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31d
- Paragraph text
- [The Committee recommends that States parties implement the following protective measures:] Develop and disseminate accessible information, through diverse and accessible media and community dialogue, aimed at women, in particular those affected by intersecting forms of discrimination, such as those with disabilities, those who are illiterate or those who have no or limited knowledge of the official languages of a country, on the legal and social resources available to victims/survivors, including reparations.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 30
- Paragraph text
- Calls upon States to ensure that the rights of persons who are marginalized and most vulnerable, including persons with disabilities, bearing in mind the Convention on the Rights of Persons with Disabilities, are fully integrated into torture prevention and protection, and welcomes the efforts of the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment in this regard;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Special Rapporteur on the rights of persons with disabilities 2017, para. 3b
- Paragraph text
- [Decides to extend the mandate of the Special Rapporteur on the rights of persons with disabilities for a further period of three years, with the following mandate:] To gather, request, receive and exchange information and communications from and with States and other relevant sources, including persons with disabilities and their representative organizations and other civil society organizations, on violations of the rights of persons with disabilities;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Equal participation in political and public affairs 2016, para. 6d
- Paragraph text
- [Urges all States to ensure the full, effective and equal participation of all citizens in political and public affairs, including by, inter alia:] Taking proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully and effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measures, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 23
- Paragraph text
- Persons with disabilities may participate in the conduct of public affairs either directly or indirectly. Direct participation entails deciding on public issues through a referendum or other electoral process, as well as taking part in popular assemblies and in other consultative spaces established by the State to engage with its citizens. Indirect participation in public affairs can be exercised by voting freely to elect representatives, and through membership in civil society organizations (CSOs). CSOs comprise a wide range of non-State and voluntary organizations, associations, networks and groups formed by people within the social sphere of civil society, including representative organizations of persons with disabilities. Therefore, participation must be ensured to both individuals and groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 70
- Paragraph text
- Internally displaced persons must have a greater say and role in shaping the nature of assistance and support that they receive and the solutions targeted at them. The Special Rapporteur has found that the common message from internally displaced persons is that they are deprived of their dignity, have little hope and feel that nobody is listening to them, let alone consulting them. Meaningful consultation and participation of internally displaced persons guarantee the durability and legitimacy of solutions and help to re-establish dignity and hope. The voices and views of displaced women, older persons, youth and those with disabilities for example, must be given equal weight to ensure that solutions are appropriate and meet the needs of all.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 18
- Paragraph text
- While participation in political and public life entails a web of specific rights, such as the rights to vote and be elected, to access public services, and to participate in the conduct of public affairs, other human rights and fundamental freedoms contribute significantly to public participation by persons with disabilities, such as the rights to freedom of expression, freedom of association and peaceful assembly. These rights enable persons with disabilities and their representative organizations to achieve change peacefully and legitimately through the democratic process. The Convention on the Rights of Persons with Disabilities broadened the significance of the participation of persons with disabilities in decision-making to beyond the scope of political rights, ensuring that they could express their views in all matters affecting them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
SRSG on violence against children: Annual report 2016, para. 99
- Paragraph text
- According to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (resolution 45/113, annex, para. 11 (b)) and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (article 4 (2)), deprivation of liberty is "any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority". Such settings may include police custody, remand detention, imprisonment after conviction, administrative detention, involuntary hospitalization, and institutional custody of children, including children with disabilities and those in need of protection.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 84
- Paragraph text
- Persons with disabilities can participate in legislative processes in different ways. In many countries, citizens have the right to propose legislative initiatives, referendums and petitions, without the endorsement of political parties or State authorities. States must ensure that these direct democracy procedures are fully accessible for persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Rights of indigenous peoples 2016, para. 16
- Paragraph text
- Underlines the need to intensify efforts, in cooperation with indigenous peoples, to prevent and eliminate all forms of violence and discrimination against indigenous women, children, youth, older persons and persons with disabilities and to support measures that will ensure their empowerment and full and effective participation in decision-making processes at all levels and in all areas and eliminate structural and legal barriers to their full, equal and effective participation in political, economic, social and cultural life;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2016
Paragraph
Rights of indigenous peoples 2015, para. 12
- Paragraph text
- Underlines the need to intensify efforts, in cooperation with indigenous peoples, to prevent and eliminate all forms of violence and discrimination against indigenous women, children, youth, older persons and persons with disabilities and to support measures that will ensure their empowerment and full and effective participation in decision-making processes at all levels and in all areas and eliminate barriers to their full, equal and effective participation in political, economic, social and cultural life;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Equal participation in political and public affairs 2015, para. 7d
- Paragraph text
- [Urges all States to ensure the full, effective and equal participation of all citizens in political and public affairs, including by, inter alia:] Taking proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully and effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measures, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
The girl child 2015, para. 23
- Paragraph text
- Also urges States to ensure that children who are capable of forming their own views have the right to express those views freely in all matters affecting them, with the views of the child being given due weight in accordance with the age and maturity of the child, to ensure that this right is fully and equally enjoyed by the girl child, to meaningfully involve girl children, including those with special needs, as well as girls with disabilities, and their representative organizations in decision-making processes, as appropriate, and to include them as full partners in identifying their own needs and in developing, planning, implementing and assessing policies and programmes to meet those needs, with a view to ensuring their full and effective participation;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2015
Paragraph
Torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 27
- Paragraph text
- Calls upon States to ensure that the rights of persons who are marginalized and most vulnerable, including persons with disabilities, bearing in mind the Convention on the Rights of Persons with Disabilities, are fully integrated into torture prevention and protection, and welcomes the efforts of the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment in this regard;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 2015, para. 2
- Paragraph text
- The imposition of solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures. The prohibition of the use of solitary confinement and similar measures in cases involving women and children, as referred to in other United Nations standards and norms in crime prevention and criminal justice, continues to apply.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
Article 9: Liberty and security of person 2014, para. 28
- Paragraph text
- For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives. For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 48
- Paragraph text
- Denial or restriction of legal capacity has been used to deny political participation, especially the right to vote, to certain persons with disabilities. In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person's decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 49
- Paragraph text
- States parties have an obligation to protect and promote the right of persons with disabilities to access the support of their choice in voting by secret ballot, and to participate in all elections and referendums without discrimination. The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 30
- Paragraph text
- The right to equality before the law has long been recognized as a civil and political right, with roots in the International Covenant on Civil and Political Rights. Civil and political rights attach at the moment of ratification and States parties are required to take steps to immediately realize those rights. As such, the rights provided for in article 12 apply at the moment of ratification and are subject to immediate realization. The State obligation, provided for in article 12, paragraph 3, to provide access to support in the exercise of legal capacity is an obligation for the fulfilment of the civil and political right to equal recognition before the law. "Progressive realization" (art. 4, para. 2) does not apply to the provisions of article 12. Upon ratifying the Convention, States parties must immediately begin taking steps towards the realization of the rights provided for in article 12. Those steps must be deliberate, well-planned and include consultation with and meaningful participation of people with disabilities and their organizations.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 54
- Paragraph text
- The process of registering an association may prove to be cumbersome for marginalized groups and exclude groups such minorities or persons with disabilities. For example, the language used to communicate could be inaccessible, and physical access to locations for registration could also be a challenge for those groups. Mandatory registration, particularly where authorities have broad discretion to grant or deny registration, provides an opportunity for the State to refuse or delay registration to groups that do not espouse "favourable" views. Associations formed to defend human rights, engage in civic awareness, and to lobby and advocate are susceptible to such delays and denials, as has reportedly been the case in the Sudan.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2014
Paragraph
Rights of indigenous peoples 2014, para. 12
- Paragraph text
- Underlines the need to intensify efforts, in cooperation with indigenous peoples, to prevent and eliminate all forms of violence and discrimination against indigenous women, children, youth, older persons and persons with disabilities and to support measures that will ensure their empowerment and full and effective participation in decision-making processes at all levels and in all areas and eliminate barriers to their full, equal and effective participation in political, economic, social and cultural life;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2014
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 33
- Paragraph text
- The Special Rapporteur would like to point out that implementing all of the above-mentioned measures does not necessarily guarantee that true reconciliation will occur. An essential component of the process also involves shifting attitudes on a personal and societal level, which the Special Rapporteur fully acknowledges is not an easy task. She discusses particular concerns in that regard in the following section. It should also be noted that, in 2014, the Expert Mechanism on the Rights of Indigenous Peoples continued its study entitled "Access to justice in the promotion and protection of the rights of indigenous peoples - restorative justice, indigenous juridical systems and access to justice for indigenous women, children and youth, and persons with disabilities" (see A/HRC/EMRIP/2014/3/Rev.1), including a discussion on restorative justice and provides further comments on the issue.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2014
Paragraph