CRPD/C/GC/6
anti-discrimination legislation as it applies to the private sector. Cooperation with trade
unions and other actors should be utilized to find partners willing to bring about change.
G.
Article 13 on access to justice
51.
The rights and obligations with respect to equality and non-discrimination outlined
in article 5 raise particular considerations with respect to article 13, which, among others,
call for the provision of procedural and age-appropriate accommodations. These
accommodations are distinguishable from reasonable accommodation in that procedural
accommodations are not limited by disproportionality. An illustration of a procedural
accommodation is the recognition of diverse communication methods of persons with
disabilities standing in courts and tribunals. Age-appropriate accommodations may consist
of disseminating information about available mechanisms to bring complaints forward and
access to justice using age-appropriate and plain language.
1.
Article 13 (1)
52.
In order to ensure effective access to justice, processes must allow participation and
be transparent. Actions that enable participation include:
(a)
Delivery of information in an understandable and accessible manner;
(b)
Recognition and accommodation of diverse forms of communication;
(c)
Physical accessibility throughout all stages of the process;
(d)
Financial assistance in the case of legal aid, where applicable, and subject to
statutory tests of means and merits.
53.
Suitable measures that can protect persons who are unable to defend themselves
against discrimination, even when provided with support, or whose options are greatly
limited by fear of the negative consequences of such attempts, are actions in public interest
(actio popularis).
54.
Furthermore, in order to provide transparency, a State party action must ensure that
all relevant information is accessible and available and that there is adequate recording and
reporting of all relevant claims, cases and court orders.
2.
Article 13 (2)
55. In order to encourage appropriate respect for and fulfilment of rights and obligations,
it is necessary to train law enforcement officers, raise awareness among rights holders and
build the capacity of duty bearers. Appropriate training should include:
(a)
The complexities of intersectionality and the fact that persons should not be
identified purely on the basis of impairment. Awareness-raising on intersectionality issues
should be relevant to particular forms of discrimination and oppression;
(b)
The diversity among persons with disabilities and their individual
requirements in order to gain effective access to all aspects of the justice system on an
equal basis with others;
(c)
The individual autonomy of persons with disabilities and the importance of
legal capacity for all;
(d)
inclusion;
The centrality of effective and meaningful communications to successful
(e)
Measures adopted to ensure the effective training of personnel, including
lawyers, magistrates, judges, prison staff, sign-language interpreters and the police and
penitentiary system, on the rights of persons with disabilities.
13