FLAC TCD - Disability Rights

Page 68

In order for the necessary progress to be made in terms of protections and accessibility for people with disabilities, a vital sector of the justice system to be invested in is the provision of interpreters and intermediary services. Article 13 of the United Nations Convention on the Rights of Persons with Disabilities establishes that member states must guarantee access to justice that is both equal and implemented through the provision of proper accommodations.208 The National Disability Association believes that a ‘registered intermediaries scheme’ would be essential to carrying out the purposes of Article 13.209 Although the Criminal Evidence Act 1992,210 and the Criminal Justice Act 2017,211 have set out the provision of intermediary services, there has yet to be any definitive legislation or policy enacted to solidify this measure. Both intermediaries and interpreters are an integral part of the accessibility and judicial process as these are trained professionals with the required skills to assist in communication and clarify any procedural barriers. Their services would enhance and enable communication from the investigative report stage to the criminal trial process, thus resolving many of the previously raised concerns and challenges for people with disabilities in the justice system.212 Therefore, if the government prioritized establishing a scheme for these services, allowing all victims, suspects and witnesses to avail of these supports, the difficulties and injustices that continue to arise would certainly be partially addressed and this would further facilitate better access to justice in all stages of the criminal justice process. II.

The Irish Prison Service

208

National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021. 209 National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021. 210 Criminal Evidence Act 1992, s 14. 211 Criminal Justice (Victims of Crime) Act 2017. 212 National Authority and National Authority, 'NDA Independent Advice Paper On The Use Of Intermediaries In The Irish Justice System | The National Disability Authority' (Nda.ie, 2020) <https://nda.ie/publications/justice-and-safeguarding/access-to-justice/nda-independent-advice-paper-on-theuse-of-intermediaries-in-the-irish-justice-system.html> accessed 21 November 2021.

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Articles inside

Scope and limitations of the Act

12min
pages 124-130

Overview of the Act

1min
page 120

Changes implemented by the Act

5min
pages 121-123

Changes introduced by the Act

10min
pages 113-119

Wardship in Ireland

5min
pages 110-112

Future Directions and Recommendations for Reform

9min
pages 104-109

International Comparative: Legal Models for Workplace Inclusion

7min
pages 93-97

Overview of Irish Social Welfare Supports

9min
pages 98-102

Ireland’s comprehensive Employment Strategy for People with Disabilities

10min
pages 87-92

disabilities

4min
pages 82-85

Primary legislative and policy context for persons with disabilities and employment in Ireland

1min
page 86

Educational Needs Assessments and Curriculum Design Case-study: School closure during Covid 19 and the rights of children with

8min
pages 78-81

The Irish Probation Service

3min
pages 70-72

The right to an ‘appropriate’ education under Irish law

2min
page 73

The Criminal Trial of Persons with Disabilities

5min
pages 65-67

The Employment Equality Directive

11min
pages 57-64

Framework in Response to the UNCRPD

9min
pages 46-51

The Irish Prison Service

4min
pages 68-69

The European Accessibility Act

8min
pages 52-56

United Nations Convention on the Rights of Persons with Disabilities A Critical Commentary on the Evolution of Ireland’s Legal and Policy

6min
pages 43-45

The right to political participation for persons with disabilities

2min
page 26

Case Study: ‘Invisible’ Disabilities

6min
pages 21-25

Differing Models of Disability

3min
pages 15-16

The European Convention on Human Rights and The Protection of Persons with Disabilities

6min
pages 40-42

Page

9min
pages 6-14

Denmark and Rosenlind v Denmark

8min
pages 34-39

Progress in lifting administrative and legal barriers in political participation for persons with disabilities Analysing the European Court of Human Rights Decisions in Strøbye v

13min
pages 27-33

Defining Disability in Irish Law

7min
pages 17-20
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