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The impact of corruption on the rights of persons with disabilities

ATLAS ALLIANCE
September 2023

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Corruption and discrimination go hand in hand. In 2021, Transparency International and the Equal Rights Trust published a report highlighting how corruption and discrimination reinforce each other, leaving marginalized groups with little room to access public services, exercise their human rights, and live their lives with dignity. In this seminar organized by Norad, CMI/U4 and the Atlas Alliance collectively, researchers and DPO representatives discuss research findings and the situation as lived experience for persons with disabilities.

International Summit on Legal Professionals with Disabilities

INDIAN LAW SOCIETY
OXFORD HUMAN RIGHTS HUB
HARVARD LAW SCHOOL PROJECT ON DISABILITY
CENTRE FOR DISABILITY STUDIES, UNIVERSITY OF LEEDS
December 2020

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3-day Summit with three panel discussions by disabled legal professionals to foster a well-considered dialogue on how we can break down the structural and attitudinal barriers that prevent disabled legal professionals from leading lives of equal productivity and dignity as their able-bodied counterparts.

The themes for the days were: Day 1 - Academicians; Day 2 - Lawyers; Day 3 - Judges 

Legal remedies through litigation for the rights of disabled people

DISABILITY RIGHTS DEFENDERS
EUROPEAN NETWORK ON INDEPENDENT LIVING
ARTICLE 19 AS A TOOL
November 2020

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Even though most countries have ratified the CRPD, the rights of disabled people get violated daily all over the world. In almost every country there are national laws and international agreements which should assure the same rights for disabled people. The main problem is that the laws are widely unenforced, that is why remedies are needed. There is a need for deeper discussions on tools for strategic litigation, including effectiveness of legal and injunctive remedies, different forms of compensation for violations of human rights and procedural strategies for impact, as important tools to fight against violations of disability rights. Thereby, every law system and country has different ways and possibilities to redress violations. In this webinar we want to look at the need for better remedies, access to justice and strategic litigation. We learn from the experience of international experts with strategic litigation and remedies and discuss what kind of changes we would like to see in the remedies available or what kind of new remedies are needed. How can we establish an exchange of international experience and cooperation between organizations in the work towards better remedies?

 

The following speakers shared their expertise:

Paul Lappalainen, Swedish/US lawyer, European Equality Law Network: Access to justice / Access to remedies
Mari Siilsalu, lawyer at Article 19 as a tool, Independent Living Institute: Survey on legal remedies
Ann Campbell, Co Executive Director at Validity Foundation: Looking beyond compensation: innovative remedies for women with disabilities
Stellan Gärde, Swedish lawyer and author: A human right - The right to legal aid
Timothy Hodgson, legal advisor at ICJ, lecturer at University of Pretoria: Economic and social rights litigation

 

The webinar was moderated by Ola Linder, Swedish lawyer and project leader of Article 19 as a tool. 

Disability inclusion in the Western Balkans and Eastern Partnership countries. Disability Inclusion Helpdesk Report No: 51.

CORBY, Nick
CLUGSTON, Naomi
September 2020

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This briefing note provides guidance on how to incorporate disability inclusion within economic and governance reform projects. It is intended to inform the UK Foreign, Commonwealth and Development Office’s (FCDO) Good Governance Fund (GGF). This Note provides basic, introductory guidance on disability inclusion to FCDO advisers and managers engaging with economic and governance reform and sets out opportunities for the FCDO’s programmes and policy dialogue to deliver positive impacts for people with disabilities. The Note addresses three key questions: 2 1. What is the broad status of the rights of people with disabilities in GGF countries and are there any significant differences between the countries? 2. What are the recommended entry points for incorporating disability inclusion within economic and governance reform projects within the five GGF thematic areas? 3. How should the GGF incorporate disability inclusion into the next business case?

 

An annex provides short notes on several factors for each country. The factors are: the legal framework; disability prevalence; economic inclusion; social inclusion; institutionialisation; access to justice; receptions and representation in the media.

International Principles and Guidelines on access to justice for persons with disabilities

SPECIAL RAPPORTEUR ON THE RIGHTS OF PERSONS WITH DISABILITIES
COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES
SPECIAL ENVOY OF THE SECRETARY GENERAL ON DISABILITY AND ACCESSIBILITY
August 2020

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The International Principles and Guidelines on access to Justice for persons with disabilities are a practical tool to support States in designing and implementing justice systems that provide equal access to justice for persons with disabilities, in line with international human rights standards. They are a result of consultations and collaboration with disability rights experts, organizations of people with disabilities, States, academics, and other practitioners.

 

The document outlines 10 principles of access to justice for people with disabilities

“Better to Make Yourself Invisible” Family violence against people with disabilities in Mexico

RIOS-ESPINOSA, Carlos
June 2020

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People with disabilities in Mexico can face severe abuse and neglect by their families with little protection or support from the government. This report documents how the lack of policies to support independent living can increase the risk of family violence and abuse for people with disabilities. It also documents the barriers people with disabilities face in accessing protection from abuse and justice on an equal basis with others, and documents serious concerns regarding implementation of procedural accommodations to ensure that people with disabilities can participate fully and equally in the justice system.

 

Based on research in 2018 and 2019, this report documents violence committed by family members against people with disabilities in four Mexican states: Oaxaca, Jalisco, Nuevo León, and Mexico City.  Interviews were carried out with 24 women and 14 men with disabilities. 

 

Transformative equality: Court accommodations for South African citizens with severe communication disabilities

WHITE, Robyn M
BORNMAN, Juan
JOHNSON, Ensa
TEWSON, Karen
NIEKERK, Joan van
April 2020

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Background: Persons with disabilities are generally at greater risk of experiencing violence than their peers without a disability. Within the sphere of disability, individuals with severe communication disabilities are particularly vulnerable and have an increased risk of being a victim of abuse or violence and typically turn to their country’s criminal justice system to seek justice. Unfortunately, victims with disabilities are often denied fair and equal treatment before the court. Transformative equality should be pursued when identifying accommodations in court for persons with communication disabilities, as the aim should be to enable such individuals to participate equally in court, without barriers and discrimination.

 

Objectives: This research aimed to identify court accommodations recommended by legal experts, which could assist individuals with severe communication disabilities in the South African court.

 

Method: A qualitative design was used to conduct a discussion with a panel of legal experts.

 

Results: Using Article 13 (Access to Justice) of the Convention on the Rights of Persons with Disabilities (CRPD) as a human rights framework, four themes were identified: equality, accommodations, participation and training of professionals.

 

Conclusion: Foreign and national law clearly prohibits discrimination against persons with communication disabilities because of their disability and state that they should be given fair and equal access to the court system. For transformative equality to be achieved, certain rules and laws need to be changed to include specific accommodations for persons with communication disabilities so that they may be enabled to participate effectively in court in the criminal justice system.

 

 

 

African Journal of Disability, Vol 9, 2020

Does the criminal justice system treat disabled people fairly? Inclusive justice: a system designed for all

EQUALITY AND HUMAN RIGHTS COMMISSION
April 2020

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The UK Equality and Human Rights Commission launched an inquiry to understand the experiences of disabled defendants and accused people in the criminal justice system. They looked at:

  • whether their needs are properly identified
  • the types of adjustments being made to accomodate their needs, and
  • whether they can fully participate in court processes and understand the charges they face.

Based on their findings, recommendations are made to UK Governments.

 

The use of video hearings was rapidly expanded in response to the coronavirus pandemic. In April 2020, interim findings from this inquiry were released to help mitigate the risks that this technology poses to disabled people in the criminal justice system.

Analysing disability policy in Namibia: An occupational justice perspective

CHICHAYA, Tongai F.
JOUBERT, Robin W.E.
MCCOLL, Mary Ann
2018

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Background: The Namibian disability policy of 1997 has not been reviewed for about 20 years, which has raised concerns with persons with disabilities and stakeholders in the fields of disability and rehabilitation. In March 2017, the government publicised its intention to review the policy. Thus, this study’s purpose was to generate evidence that can contribute to the development of a more current disability policy that will promote occupational justice.

 

Objectives: The aim of the study was to develop an alternative disability policy option for Namibia and to present outcomes and trade-offs using a policy analysis approach while applying the occupational justice framework to gather evidence.

 

Method: A qualitative research design and Bardach’s eightfold path approach to policy analysis were used. Critical disability theory provided the theoretical framework. The occupational justice framework was the conceptual framework for the study. Evidence from preceding phases of this study and appropriate literature was utilised to construct possible disability policy alternatives in Namibia, set evaluative criteria, project outcomes and confront trade-offs.

 

Results: Three main disability policy alternatives emerged: access policy, support policy and universal coverage policy. Access policy had the fewest trade-offs, and the support policy had the most trade-offs in the Namibian context. Access policy was projected to foster occupational participation among persons with disabilities.

 

Conclusion: Results have implications for selecting disability policy alternatives that promote occupational participation and justice among persons with disabilities in Namibia. Furthermore, the study has implications for advancing the practice of occupational justice in disability policy formulation.

Disability and social justice

MLADENOV, Teodor
2016

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This article explores the significance of disability for social justice, using Nancy Fraser’s theory of justice as a guideline. The article argues that the disability perspective is essential for understanding and promoting social justice, although it is often disregarded by critical thinkers and social activists. The article looks at three prominent strategies for achieving social justice under conditions of capitalism: economically, by decommodifying labour; culturally, by deconstructing self-sufficiency; and politically, by transnationalising democracy. The disability perspective reveals that decommodification of labour requires enhancement of disability support, deconstruction of self-sufficiency requires valorisation of disability-illuminated interdependence, and transnationalisation of democracy requires scrutiny of the transnational production of impairments. The article discusses each of these strategies in theoretical and practical terms by drawing on disability studies and Fraser’s analyses.

Political liberalism and the justice claims of the disabled: a reconciliation

BADANO, Gabriele
2013

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Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers.

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