Human Diversity and Human Rights Disability Studies
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Sample_Palm.13.pptxConvention on the Rights of Persons with Disabilities and Optional Protocol (CRPD) Article 13
Presented By: Brandon Palm
Article 13: Access To Justice
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.
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.
Why Article 13 Was Included
Some people with disabilities do not have the ability to speak up or defend for themselves.
Disabilities might be overlooked or instead seen as an excuse for why a crime was committed.
To ensure people with disabilities can have a fair trial if they cannot defend themselves due to their disability.
Protects people with disabilities from unjust rulings and detainment.
Why Article 13 Matters
Provides training and education to people in the criminal justice field.
The legal system is complicated, is a long process and can be overwhelming so it provides reasonable accommodations.
Ensures people with disabilities have the right to a fair trial.
Article 13 is important in connecting other articles for legal process like article 15: Freedom from cruel punishments.
Why Justice Is Important
Justice places a standard on society which requires people to adhere to the standard or face consequences.
If a standard is violated, punishments will be issued based on what law is violated and what is determined as a just or fair punishment by society.
Without justice there would be no punishments or ways to deter people from doing things deemed evil or unlawful by society.
Without Access To Justice
Earl Washington: Washington was sentenced to death in 1983 for a crime he did not commit. Because of his intellectual disability, he was induced by police into confessing to the crime. DNA evidence eventually proved his innocence, but not before Washington came dangerously close to being executed. Washington spent ten years on death row and then several more years in prison before he was finally released in January of 2001.
Anthony Gray: In October 1991, Anthony Gray pled guilty to first-degree murder and first-degree rape and was sentenced to two concurrent life sentences. The convictions were based on a "confession," which police officers coaxed out of Gray, who has an intellectual disability, by telling him that two other men arrested in connection with the case had told police that Gray was involved. Gray was of below-average intelligence. He was pressured into the confession, believing he would avoid the death penalty if he entered a guilty plea and agreed to testify against two other men. Gray said he pleaded guilty because 'they were trying to give me the death penalty for something I didn't do. . . . Why should I die for something I didn't do?’
Without Access to Justice (Cont.)
In a federally funded study which began in 1942, male patients at a state insane asylum in Ypsilanti, Michigan were injected with experimental flu vaccines, then exposed to the flu several months later.
Some of the men weren't able to describe their symptoms, raising serious questions about how well they understood what was being done to them. One newspaper account mentioned the test subjects were "senile and debilitated."
Without Access to Justice (Cont.)
China: In May of 2015, a man with autism was wrongfully arrested for the investigation of a violent murder case of a 73-year-old man. He was interrogated, denied medication, denied his weekly treatments, and had a bag placed over his head.
Advocacy, Research, and Policy Efforts
The UN Sustainable Development Goals, in particular Goal 16 (Peace, Justice, and Strong institutions), focuses on reinforcing commitments from the (CRPD) to remove barriers that hinder justice for people with disabilities.
The Arc is the largest national community-based organization for people with intellectual and developmental disabilities. They focus on promoting and protecting human rights for people with disabilities by conducting trainings, events, advocacy initiatives, and programs to inform and increase inclusion.
The Federation for Children with Special Needs (FCSN) seeks equality and social justice. It was founded by parents who were fighting for the rights of children with disabilities. They provide information and resources for families and others to spread awareness.
Citations
Autistic man wrongly arrested by police over murder could suffer long-term effects, say experts. (2015, May 14). Retrieved October 10, 2020, from https://www.scmp.com/news/hong-kong/law-crime/article/1797452/autistic-man-wrongly-arrested-police-over-murder-could
Death Row Exonerations for People with Intellectual Disabilities. (n.d.). Retrieved October 06, 2020, from https://www.aclu.org/other/death-row-exonerations-people-intellectual-disabilities
Peace, justice and strong institutions – United Nations Sustainable Development. (n.d.). Retrieved October 08, 2020, from https://www.un.org/sustainabledevelopment/peace-justice/
Stobbe, M. (2011, February 27). Ugly past of U.S. human experiments uncovered. Retrieved October 08, 2020, from http://www.nbcnews.com/id/41811750/ns/health-health_care/t/ugly-past-us-human-experiments-uncovered/
The Arc's National Initiatives. (n.d.). Retrieved October 09, 2020, from https://thearc.org/our-initiatives/
The Sustainable Development Agenda – United Nations Sustainable Development. (n.d.). Retrieved October 08, 2020, from https://www.un.org/sustainabledevelopment/development-agenda/
