People with disabilities facing 'multiple barriers' in justice system
Study participants noted a broad lack of legal services for people living in residential disability services, with these challenges also faced by disabled people from marginalised groups such as migrants and the Traveller community.
People with disabilities are having justice denied to them in the Irish legal system as they face “barrier layered upon barrier" to try access their rights, new research has found.
Released to mark the International Day of Persons with Disabilities, the study from the University of Galway found the legal system is one where disabled people find themselves unsupported, faced with unclear processes and limited legal representation.
The Irish Human Rights and Equality Commission (IHREC) published the study and made recommendations for how the situation could be improved, arguing it “presents a disturbing picture”.
Across a range of issues, concerns were flagged from the experience of people with disabilities accessing justice.
“It was suggested that the discriminatory use of mental health history in legal proceedings reflects systemic biases in the justice system,” the report said.
Other participants noted a broad lack of legal services for people living in residential disability services, with these challenges also faced by disabled people from marginalised groups such as migrants and the Traveller community.
The research also found an unmet legal need along with inadequate legal aid and advocacy for those with disabilities.
“Participants also discussed the lengthy nature of litigation and its negative impact on disabled people pursuing justice, noting that litigation delays can be strategically used against them,” it said.
A shortage of solicitors experienced in working with disabled people was highlighted, along with disparities between criminal and civil justice systems hindering access to justice.
One barrister told the study disability-related issues were “surprisingly” not prevalent in the queries free legal advice centres receive.
“They navigate the harsh realities of the law in different aspects of their lives,” the barrister said.
“A significant challenge is that many people do not even realise their situation has legal implications. It's as if they're dealing with so many issues that they don't consider the law as a potential solution.”
Elsewhere, the report found public bodies within the Irish justice system often do not address the needs of disabled people in their strategic plans and fail to reflect clear legal obligations to facilitate accessibility and prevent discrimination.
Among the recommendations made by the researchers, led by Dr Charles O’Mahony, was expanding legal aid and legal outreach services, along with training for justice system personnel and increased diversity in the legal professions and judiciary.
These recommendations will require actions from a range of agencies including the Department of Justice, An Garda Síochána, the Courts Service, Probation Service and Irish Prison Service, it said.
Chief commissioner of IHREC Liam Herrick said the UN convention on the rights of persons with disabilities made clear the State must ensure effective access to justice for disabled people.
“This study highlights that Ireland has much work to do to ensure access to justice on an equal basis with others,” he said.
