Disabled People/Persons with Disabilities: Law, Justice and Equity
Mission of the CDPF: ‘To develop a unified voice for the implementation of Disability Rights and Equality for DPOs (Disabled People’s Organisations) and disabled people (persons with disabilities) across the 56 countries of the Commonwealth’. ‘Nothing Without Us’.
We call ourselves disabled people because we embrace the ‘social model’ of realizing that the systematic barriers of environment, attitude and organization are what disable us, not our impairments. When referring to the United Nations Convention of the Rights of Persons with Disabilities (UNCRPD), we will be using persons with disabilities. The national Disabled People’s Umbrella Organisations of 52 Commonwealth countries are our members.
Over 450 million disabled people live in the Commonwealth and 55 of 56 Commonwealth countries have ratified the UNCPRD, articles 12, 13, 16, 19 commit to access to justice for ALL as a key component of governance in societies that uphold the ‘Rule of Law’ in line with the Commonwealth Charter. Indirectly, all Articles require legislative change to domesticate the UNCRPD. At present only 30 Commonwealth countries have done this. Furthermore, the United Nations’ Sustainable Development Goal (SDG) 16:3 argues for promoting the rule of law at the national and international levels and ensuring equal access to Justice for All. Access to justice is a fundamental right and a precondition to enjoyment of other rights. The CDPF with our National DPOs using our experiences, wants to help and collaborate with Commonwealth States to bring about full implementation and compliance. This is why we promoted a Commonwealth Disability Inclusion Action Plan, discussions of which are nearing a conclusion. [https://commonwealthdpf.org/disability-inclusion-action-plan/ ] See LMM (26)26INF for update.
Access to Justice: Why It Matters Now
The 2026 Commonwealth Law Ministers Meeting (CLMM) in Fiji comes at a critical moment. Access to justice is not a standalone issue. It is the gateway to all other rights. Without it, equality before the law is theoretical, not real.
Legal Capacity: A Litmus Test for Equality
UNCRPD Article 12 requires states to recognise that persons with disabilities enjoy legal capacity on an equal basis with others. This remains one of the least implemented obligations.
Across the Commonwealth, laws continue to restrict voting, marriage, parental rights, financial control, and consent based on disability. Court decisions still conflate mental capacity with legal capacity, despite clear international guidance that this is discriminatory.
Strategic litigation, including landmark cases in South Asia and Africa, shows that change is possible when courts confront their own bias and provide support rather than substitution.
Key Barriers Disabled People Face
- Denial of legal capacity: Many legal systems still substitute decision making for supported decision making, excluding disabled people from contracts, voting, family law, and criminal justice processes.
- Inaccessible courts and procedures: Court buildings, documentation, digital systems, and timelines often fail to accommodate physical, sensory, intellectual, or psychosocial disabilities.
- Cost and poverty: Legal fees, transport, medical documentation, and assistive support make justice unaffordable for many disabled people.
- Harmful attitudes: Judges, lawyers, police, and medical experts often rely on stereotypes about competence, credibility, and risk.
- Information barriers: Legal information is rarely available in plain language, sign language, Braille, or accessible digital formats.
These barriers matter because disabled people are at heightened risk of violence, abuse, exploitation, forced institutionalisation, and criminalisation.
Recent Commonwealth Developments
- Growing use of strategic litigation by DPOs to challenge guardianship laws and forced treatment
- Expansion of disability-inclusive legal aid pilots in parts of Africa and the Pacific
- Increased recognition of reasonable accommodation as a legal right, not charity
- Momentum around the Commonwealth Disability Inclusion Action Plan, calling for coordinated reform across sectors
- These developments are promising but remain fragmented and under-resourced.
What Can Be Done Now: Practical Actions?
- Fix the law Align national legislation with UNCRPD Articles 12 and 13. Repeal laws that remove legal capacity or restrict rights based on disability. Embed supported decision making in law.
- Make courts work for everyone Guarantee reasonable accommodation as a right in all legal proceedings. This includes interpreters, support persons, flexible procedures, and respectful communication.
- Invest in people, not assumptions Train judges, lawyers, police, and court staff on disability rights and bias. Focus on practice, not just policy.
- Use strategic litigation wisely Support cases that strengthen systems, not just individuals. Ensure disabled people lead the process and define the remedies.
- Expand legal aid and pro bono support Fund disability-specific legal aid. Encourage Commonwealth bar associations to take on cases brought by disabled people.
- Use technology with purpose Accessible digital platforms, remote hearings, and mobile legal clinics can close geographic and communication gaps if designed inclusively.
- Measure what matters Collect data on disabled people’s experiences of justice. Use it to hold institutions accountable.
A Call to Commonwealth Law Ministers
Access to justice for disabled people is a test of the Commonwealth’s commitment to equality and the rule of law. CLMM Fiji must move beyond statements and focus on implementation.
CDPF calls on Law Ministers to:
- Publicly commit to UNCRPD-compliant legal capacity reform
- Fund reasonable accommodation across justice systems
- Adopt and implement the Commonwealth Disability Inclusion Action Plan
- Work in partnership with DPOs as rights holders and experts
Conclusion
Justice systems that exclude disabled people are not neutral. They are discriminatory. The Commonwealth has the legal frameworks, expertise, and lived experience to do better. With political will, practical reform, and genuine partnership, access to justice can move from promise to reality for over 430 million disabled people.
Commonwealth Disabled People’s Forum (CDPF)
General Secretary: Richard Rieser | President: Sarah Muthoni Kamau | Treasurer: Scader Louis
Email contact rlrieser@gmail.com
Crucial Information to understand to implement disability justice across the Commonwealth. All member states other than Tonga have ratified the UN Convention on the Rights of Persons with disabilities UNCRPD 2006.
Obligations to respect, protect and fulfil
Implicit in the Convention are three distinct duties of all States parties:
The obligation to respect – States parties must refrain from interfering with the enjoyment of the rights of persons with disabilities. For example, States must not perform medical experiments on persons with disabilities without their consent or exclude a person from school on the basis of a disability.
The obligation to protect – States parties must prevent violations of these rights by third parties. For example, States must require private employers to provide just and favourable working conditions for persons with disabilities, including by providing reasonable accommodation. States must be diligent in protecting persons with disabilities from mistreatment or abuse.
The obligation to fulfil – States parties must take appropriate legislative, administrative, budgetary, judicial and other actions towards the full realization of these rights
(Actions to be taken by States parties
• Adopt legislation and administrative measures to promote the human rights
of persons with disabilities.
• Adopt legislative and other measures to abolish discrimination.
• Protect and promote the rights of persons with disabilities in all policies and
programmes.
• Stop any practice that breaches the rights of persons with disabilities.
• Ensure that the public sector respects the rights of persons with disabilities.
• Ensure that the private sector and individuals respect the rights of persons
with disabilities.
• Undertake research and development of accessible goods, services and
technology for persons with disabilities and encourage others to undertake
such research.
• Provide accessible information about assistive technology to persons with
disabilities.
• Promote training on the rights of the Convention to professionals and staff
who work with persons with disabilities.
• Consult with and involve persons with disabilities in developing and implementing legislation and policies and in decision-making processes that concern them.
[From Exclusion to Equality:Realizing the Rights of Persons with Disabilities UN and Interparliamentary Union 2007 https://www.ipu.org/resources/publications/handbooks/2016-07/handbook-parliamentarians-convention-rights-persons-with-disabilities]