Validity Foundation - Mental Disability Advocacy Centre



Fair Trial Denied: Defendants with Disabilities face Inaccessible Justice in the EU

This study examines the multiple barriers faced by individuals with intellectual and psychosocial disabilities within the criminal justice systems of eight EU countries, using the results of 8 National Briefing Papers on „Barriers faced by defendants with intellectual and/or psychosocial disabilities in the criminal justice system” , published in 2022 as part of the ENABLE project. Notwithstanding international and European human rights requirements, many Member States still apply outdated and punitive approaches to disability. These practices marginalise individuals with disabilities, impeding their ability to fully participate in legal proceedings. 

Based on comprehensive data from these eight national briefing papers, the study highlights the pressing need for systemic reform in the EU’s criminal justice framework. It calls for the implementation of supported decision-making mechanisms, procedural accommodations, and accessible communication practices. By emphasizing best practices from the participating countries, the study underscores that achieving justice requires adapting the legal system to meet the needs of individuals with disabilities, rather than expecting them to navigate an inherently inaccessible system. 


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