Access to Justice for Children with Mental Disabilities CoordinatorsPartners.

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Presentation transcript:

Access to Justice for Children with Mental Disabilities CoordinatorsPartners

Objectives 1.Increase knowledge regarding difficulties children with mental disabilities face in accessing justice throughout Europe. 2.Create EU-wide standards to guide us in improving access to justice for children with mental disabilities. 3.Produce training and educational materials for professionals (lawyers, police and judiciary). 4.Advocacy – to promote the previous three objectives.

Impairment – Lacking all, or part, or having a deflective limb, organ or mechanism of the body (including psychological mechanisms). Disability – The restrictions caused by the organisation of society which does not take into account individuals with physical or psychological impairments. Reasonable Adjustments – Efforts taken by society to remove those barriers. Disabling Disabling World

UNCRC Article 40 – must take into account the child’s age

UN Standard Minimum Rules on the Administration of Juvenile Justice 1985 (Beijing Rules) Rule The proceedings shall be conducive to the best interests of the juvenile and shall be conducted in an atmosphere of understanding, which shall allow the juvenile to participate therein and to express herself or himself freely.

Clearly defines: "Communication“ "Language“ "Discrimination on the basis of disability“ "Reasonable accommodation“ "Universal design"

UNCRPD – Article 5 Equality and non-discrimination (1) All persons are equal before and under the law. (2) Guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. (3) Shall take all appropriate steps to ensure that reasonable accommodation is provided.

Equality Act 2010 Section 20 (5) and (11) The duty includes a requirement to provide a disabled person with an auxiliary service, if needed, in order to prevent them being placed at a substantial disadvantage when compared with a non-disabled person Part 3 & Schedule 2

Section 23 Section 24 Section 25 Section 27 Section 29 Section 30 Section 16 (1)

Role of the Intermediary Registered v unregistered Intermediaries Section 104 Coroners and Justice Act 2009 Common Law Principles

CASE LAW Investigative stages: Re W [2010] ECA Crim 2799 Trial stages: R (C) v Sevenoaks Youth Court [2009] EWHC 3088 (Admin); [2010] 1 All ER 735 R (AS) v Great Yarmouth Youth Court [2011] EWHC 2059 R v Walls [2011] EWCA Crim 443