A/HRC/RES/37/22
(g)
Ensuring that the principles of equality and non-discrimination for persons
with disabilities are integrated across the implementation of the 2030 Agenda for
Sustainable Development;
(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;
(i)
Implementing laws and policies that ensure that information needed to defend
rights is accessible to persons with disabilities on an equal basis with others and that free
and affordable legal aid is provided to persons with disabilities as appropriate, in all areas
of law;
(j)
Repealing or revising laws that have the effect of denying the right to a fair
trial to any person with disabilities, adopting laws to prohibit practices that act as a barrier
to justice for persons with disabilities, and enacting and implementing anti-discrimination
measures, including providing procedural accommodations when necessary in all legal
proceedings;
(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;
(l)
Providing an effective remedy for violations of human rights, taking into
consideration the specific circumstances of the person with disability, addressing systemic
change, including acknowledgement of the facts and acceptance of responsibility as a
component of satisfaction, and providing guidance for legal and policy reform and
capacity-building as guarantees of non-repetition;
(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;
(n)
Providing training to judicial officers, lawyers and others, including forensic
experts, prison staff and the police, on the human rights of persons with disabilities in order
to overcome barriers in their effective access to justice, on an equal basis with others;
5.
Urges States to take all appropriate measures to eliminate discrimination
against women and girls with disabilities and to promote gender equality in order to ensure
the equal enjoyment of their rights, in particular to equality and non-discrimination and
access to justice on an equal basis with others;
6.
Also urges States to take all appropriate measures to eliminate discrimination
on the basis of gender and/or impairment by any person, organization or private enterprise,
ensuring access to justice and accountability mechanisms and remedies for the effective
implementation and enforcement of laws aimed at preventing and eliminating
discrimination and violence against women and girls with disabilities;
7.
Encourages States to engage in international cooperation efforts at all levels
aimed at enhancing their national capacities to guarantee fully the right of persons with
disabilities to equality and non-discrimination and access to justice on an equal basis with
others, encourages the mobilization of public and private resources on a sustainable basis to
mainstream the rights of persons with disabilities in development, and invites the Office of
the High Commissioner and relevant United Nations agencies to consider ways to foster
international cooperation activities in that regard;
8.
Also encourages States to integrate in their reports to the high-level political
forum on sustainable development advances made with regard to the rights of persons with
disabilities as reflected in laws, policies and practices developed relevant to the
commitments under the 2030 Agenda for Sustainable Development, and to develop human
rights indicators and collect data disaggregated by age, sex and disability to inform those
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