Research report on identifying the barriers and gap to access to justice for persons with disabilities
Access to justice is among our society’s most profound values which means that people can learn their rights and then protect them through a neutral and nondiscriminatory process that determines the facts, applies the fair rule of law, and enforces the result. The purpose of UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. It is accepted globally that all public infrastructures, roads, buildings, information communication, and websites should be accessible to all individuals. Although the justice system is the main mechanism to protect the rights of citizens, experience has shown that women, men, boys, and girls with disabilities are still facing various obstacles to access to justice in their societies. There are law and policy documents formulated by the Nepal government based on UNCRPD which have guaranteed access to public services and facilities to all. However, it is reported that persons with disabilities are still facing numerous difficulties due to the lack of proper implementation of the laws and policies. Persons with disabilities are not able to enjoy their rights fully according to provisions made by the government. Therefore, National Federation of the Disabled Nepal and National Human Right Commission jointly carried out research to identify the barriers and gap to access to justice for persons with disabilities. To make a baseline record of Law/policy implementation, the research was conducted by consulting with all types of persons with disabilities at the province level and local level, district court, and district police office in Nepal. The report has found that there is a gap in the policy implementation due to a lack of awareness, knowledge, capacities, and advocacy, and made some recommendations based on the findings. Finally, the report was disseminated to the public on 30th March 2023 by organizing a workshop by National Human Rights Commission Nepal and National Federation of Disabled Nepal. This report was administered under “Include us” project supported by CBM Global.