Friday, January 14, 2022
Penelope Weller (RMIT University) has posted Access to Justice and the DRPD - An Australian Perspective (Gaye Lansdell, Bernadette Saunders and Anna Eriksson (eds) Neurodisability in the Criminal Jusitce System: comparative and therapeutic responses, Edward Elgar, 2021) on SSRN. Here is the abstract:
The over-representation of people with neuro-disabilities and acquired brain injury suggest that criminal justice processes are characterised by entrenched and systemic discrimination on the basis of disability. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) Australia accepts the obligation to ensure that people with disabilities, including those with neuro-disabilities and acquired brain injury, are able to access and participate in criminal justice processes on an equal basis with others. This chapter considers recent Australian responses to the access justice debates in light of the access to justice obligations in the CRPD. It argues that the CRPD invites us to adapt and implement procedural justice reforms in a way that will promote the equal participation of those with disabilities and limit the opportunity for discrimination on the basis of disability.