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Disabled face 'layered barriers' in accessing justice

A study commissioned by the Irish Human Rights and Equality Commission (IHREC) has found that many disabled people face “barrier layered upon barrier” in trying to access their legal rights.

Carried out by Dr Charles O’Mahony of the University of Galway, the study is being published to coincide with the International Day of Persons with Disabilities.

IHREC, which has published several policy recommendations to accompany the report, says that the study presents “a stark picture” of the justice system.

“It is a system where disabled people find themselves unsupported, faced with unclear processes and limited legal representation. In some cases, they are denied justice altogether,” it states.

Legal obligations

The report found that barriers to justice were due to a range of factors – including complex legal systems, inadequate training and professional development for legal professionals, inadequate provision of legal aid, lack of data, and inaccessible infrastructure and processes.

IHREC says that the study found that public bodies within the Irish justice system often “inadequately address” the needs of disabled people in their strategic plans.

“Therefore, they fail to reflect clear legal obligations designed to facilitate accessibility and prevent discrimination,” the human-rights body adds.

Dr Charles O’Mahony, author of the report, said that it had identified the complexity of effectively realising rights for disabled people in Ireland.

“The literature review reveals significant gaps in the availability of training related to disability law and policy for personnel involved in administering justice,” he stated.

Civil legal-aid scheme

Among IHREC’s recommendations is an expansion of the civil legal-aid scheme to include “structurally vulnerable” groups, such as disabled people.

It also calls on the Government to reform legislation to protect the rights of persons deprived of their liberty – including the advancement of the Department of Health’s Protection of Liberty Safeguards Bill and Mental Health Bill 2024 and the Department of Justice’s Inspection of Places of Detention Bill.

It adds that the legislation must comply with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Training initiatives

IHREC also urges the Government to complete the process to accede to the Optional Protocol to the UNCRPD “expeditiously” and to ensure that disabled people are facilitated to access the UN system.

The body also wants the Government to conduct “a comprehensive review” of existing legislation and public policy, with a focus on consolidating and aligning the fragmented legal frameworks with international standards, particularly the UNCRPD.

Among its other recommendations are for educational and regulatory bodies in the justice sector – including the Law Society and the Bar of Ireland – to provide education and training initiatives for staff in the justice system on the realisation of UNCRPD rights.