1 Convention Text
1.1 States Parties shall ensure effective access to justice for persons with
disabilities on an equal basis with others, including through the provision of
procedural and age-appropriate accommodations, in order to facilitate their
effective role as direct and indirect participants, including as witnesses, in
all legal proceedings, including at investigative and other preliminary stages.
R1
1.2 In order to help to ensure effective access to justice for persons with
disabilities, States Parties shall promote appropriate training for those
working in the field of administration of justice, including police and prison
staff. R2
2 Declaration of Needs and Characteristics
2.1 Blind and partially-sighted people are often unable to identify their
assailants and are less able to defend themselves. For these reasons blind and
partially-sighted people can also be more vulnerable to witness intimidation.
2.2 There have been instances where the evidence of blind and partially-sighted
witnesses and victims has not been accepted because of their inability to
visually identify suspects or defendants. However, there are circumstances where
blind and partially-sighted victims or witnesses have heard attackers speak and
would be in a position to make a positive identification of suspects and
defendants by listening to their voices. It may also be possible in some
circumstances, for a blind or partially-sighted victim of violence to identify
their assailant by tactual identification of physical characteristics.
2.3 Prisoners who are blind and partially-sighted are at greater risk of attack,
bullying and harassment.
2.4 In order to obtain full and effective access to justice, blind and
partially-sighted plaintiffs, witnesses and defendants need access to
evidentiary and other documentation and information relevant to their role in
court in formats of their choice, and to be informed of what is happening and
who is present during court proceedings.
2.5 Suitably qualified blind and partially-sighted people can function
effectively as lawyers, judges and jurors when their needs for timely access to
evidentiary and other information in formats of their choice and information
about who is present and what is happening during legal proceedings is
addressed.
2.6 Blind and partially-sighted people need their information, communication and
access issues arising from their visual disability to be fully addressed in
order to ensure that their rights are effectively assured by police, security or
other law enforcement officers when they are involved in investigations,
arrested, remanded or questioned.
3 Important Aspects of Convention Text
3.1 Convention text - R1 1. States Parties shall ensure effective access to
justice for persons with disabilities on an equal basis with others, including
through the provision of procedural and age-appropriate accommodations, in order
to facilitate their effective role as direct and indirect participants,
including as witnesses, in all legal proceedings, including at investigative and
other preliminary stages.
3.2 Requirement - Blind and partially-sighted people's means of identification
by sound and touch should be legally recognised as admissible evidence in a
court of law, providing the same safeguards are taken to ensure an objective
identification as are taken when witnesses are called upon to identify suspects
or defendants by their visual appearance.
3.3 Requirement - In instances where attackers take advantage of victims'
inability to recognise them or to protect themselves because of visual loss, or
where crimes are attributable to defendants' attitude towards visual disability
or blind or partially-sighted people, the law must require courts to take
account of these aggravated circumstances by administering harsher punishments
on the perpetrators.
3.4 Requirement - Police and other authorities must take any necessary
additional steps to protect the personal safety of blind and partially-sighted
witnesses.
3.5 Requirement - Courts shall ensure that blind and partially-sighted
witnesses, plaintiffs and defendants are enabled to fully appreciate who is
participating in the legal process and who is present in court, and that full
and effective access is provided to evidence, exhibits and other material or
situations relevant to the case.
3.6 Requirement - Police and other security or law enforcement officers must
take steps to protect the legal rights of blind and partially-sighted people who
are participating in investigations, questioned or arrested by ensuring that
communication, information or access issues arising from visual disabilities are
effectively addressed.
3.7 Requirement - Blind and partially-sighted prisoners on remand must be
provided with relevant information in accessible formats and assisted to gain
access to the full range of facilities provided for prisoners. The conditions of
their remand or detention should also take account of the fact that their visual
disabilities can place blind and partially-sighted prisoners at additional
personal risk.
3.8 Requirement - Evidentiary and other materials relevant to the execution of
cases must be made available in accessible formats and in a timely manner so
that:
- Blind and partially-sighted people with the required qualifications can
practice as lawyers and as judges in civil and criminal courts;
- blind and partially-sighted people may be called to serve and fulfil their
responsibilities as jurors.
3.9 Convention text - R2 2. In order to help to ensure effective access to
justice for persons with disabilities, States Parties shall promote appropriate
training for those working in the field of administration of justice, including
police and prison staff.
3.10 Requirement - The training provided for police, prison, court and other
personnel within the police, legal and penal services on the needs and
characteristics of disabled people must include an appreciation of the special
requirements of blind and partially-sighted people.
TA
17/12/07