News & Events Report by Dr Charles O’Mahony finds Significant Barriers to Justice for Disabled People in Ireland

Last week, on the International Day of Persons with Disabilities, the Irish Human Rights and Equality Commission (the Commission) published a landmark study on access to justice for disabled people in Ireland.  The study was undertaken by Dr Charles O’Mahony of the School of Law at University of Galway and is accompanied by a policy brief with recommendations from the Commission.

The study, informed by the voices and experiences of disabled people accessing or attempting to access the justice system, presents a stark picture as many disabled people face barrier layered upon barrier, trying to access their legal rights.

Despite legislative and policy developments in recent years, there is a system where at times those responsible for implementing justice are unaware of their role in facilitating access to justice. It is a system where disabled people find themselves unsupported, faced with unclear processes and limited legal representation.  In some cases, they are denied justice altogether.

The report found that these barriers are due to a range of factors, including complex legal systems, inadequate training and professional development for legal professionals, inadequate provision of legal aid, lack of data and inaccessible infrastructure and processes.

Ultimately, Dr O’Mahony found that public bodies within the Irish justice system often inadequately address the needs of disabled people in their strategic plans. Therefore, they fail to reflect clear legal obligations designed to facilitate accessibility and prevent discrimination.  The findings informed a range of recommendations that seek to address these failures and work towards developing a harmonised legal framework that respects the rights of disabled people on an equal basis with others.

Recommendations focus on a range of inter-related themes including:

• Enhancing Advocacy Services
• Expanding Legal Aid and legal outreach services
• Awareness and Education Initiatives
• Training for Justice System Personnel
• Diversity in Legal Professions and Judiciary
• Awareness about Less Visible Disabilities
• Providing Procedural and Reasonable Accommodations
• Accessibility Improvements
• Communication Training
• Data Collection, Analysis and Dissemination

The newly appointed Chief Commissioner of the Irish Human Rights and Equality Commission, Mr Liam Herrick said:

“The Convention on the Rights of Persons with Disabilities is clear that the State must ensure effective access to justice for disabled people. This study highlights that Ireland has much work to do to ensure access to justice on an equal basis with others.  We welcome this research by Dr Charles O’Mahony on our behalf, which provides clear and practical recommendations for the State to deliver on their human rights obligations and ensure better access to justice for all disabled people.”

Dr Charles O’Mahony, author of the report, said:

“This report identifies the complexity of effectively realising rights for disabled people in Ireland. The literature review reveals significant gaps in the availability of training related to disability law and policy for personnel involved in administering justice. The interviews with stakeholders provided valuable insights from disabled people and Disabled Persons Organisations. I hope that the recommendations made following this study can be actioned to help realise the rights of all disabled people.”