report barriers for persons with disabilities in criminal justice cases in bulgaria october 2023 crime – something done by a person which is wrong or against the law criminal case – the court needs to understand how the crime happened accused or defendant – a person who may have done something wrong or against the law. the report presents the difficulties in criminal cases for persons with intellectual and psychosocial disabilities who are accused of a crime. report by kera foundation in a project called “inclusion and access to justice for defendants with intellectual and psychosocial disabilities” coordinator: validity foundation international expert: international commission of jurists 8 countries from the european union participate in the project: romania – legal resources center portugal – national federation of social solidarity cooperatives czech republic – human rights forum slovakia – human rights forum slovenia – legal center for protection of human rights and environment bulgaria – kera foundation spain – confederation for full inclusion lithuania – mental health perspectives how do people feel in court „i didn’t know how to say what i was thinking because i didn’t know how they would react, i didn’t want to make it worse.” what do we know so far? • the court knows the person with disability only from the diagnosis. • sometimes the criminal case is dismissed and the person is sent for treatment. • they use the words insanity defense and compulsory treatment: insanity defense – when a person does not understand his or her actions, he/she cannot be responsible for them. compulsory treatment – when a person is dangerous to herself or himself or to other people, he or she might be sent for treatment. • persons with disabilities rarely receive extra support in criminal cases. • procedural accommodations are rarely used. procedural accommodations help persons with disabilities during criminal cases. procedural accommodations – anything that can help a person get to court and answer the questions they will be asked there. „there was no one that could support me in court, only one orderly from the psychiatric hospital, but he knew nothing.” „he does not know the lawyer’s name. he does not have the lawyer’s phone number. he has been in treatment for 4 months now and does not know what is going on with the case or for how long he will be there. the lawyer did not explain anything to him.” • often lawyers are provided after the person tells their story to the police. • criminal justice professionals do not receive enough training on disability rights. • articles 12 (twelve), 13 (thirteen), and 14 (fourteen) of the convention on the rights of persons with disabilities (crpd) are violated. what needs to change? • not to limit people’s rights. • to have equal access to protection. „they didn’t tell me that i could use support.” „at such times nobody helps you, even family runs away.” • to have trainings for people who work in criminal justice. • to have lawyers who provide help of good quality to persons with disabilities. • to use communication experts to help persons with disabilities in criminal cases. • to make documents in easy-to-read and plain language. • to improve the links between disability rights laws and criminal cases. • to have changes in the law that give persons with disabilities equal rights in criminal cases. • to stop the insanity defense. • to stop compulsory treatment. co-funded by the european union. views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the european union or the european commission. neither the european union nor the granting authority can be held responsible for them. pictograms author: sergio palao. origin: arasaac (http://www.arasaac.org). license: cc (by-nc-sa). owner: government of aragon (spain), www.pictoselector.eu’ ( ) ( 1 ’ $ 1 7 6 : , 7 + ’ , 6 $ % , / , 7 , ( 6 ’ ( ) ( 1 ’ $ 1 7 6 : , 7 + ’ , 6 $ % , / , 7 , ( 6 , 1 & = ( & + 5 ( 3 8 % / , & , 1 & = ( & + 5 ( 3 8 % / , & s s . 6 # . $ 2 3 ’ $ / 1 . ) $ ” 3 6 . 1 *r 6 $ # ( # 1 $ 2 $ 1 ” ’ $ ’ 5 $ 3 + * $ # 3 . # $ % $ - # - 3 2 6 ( 3 ’ # ( 2 ! 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2 1 $ 1 ’ ( 8 5 2 3 ( $ 1 & 2 0 0 6 6 2 1 0 $ 7 + 1 . $ 1 ’ 6 $ 6 2 0 ( 7 + 1 * ’ ) ) ( 5 ( 1 7 7 + 6 0 ( $ 1 6 7 + ( & $ 1 1 2 7 % ( + ( / ’ 5 ( 6 3 2 1 6 % / ( ) 2 5 2 8 5 2 3 1 2 1 6 $ x w k r u r i w k h u h s r u w . u l v w q d ” x o n r y ’ h q l v d . u d p r y 0 d u r# 0 d w l d# n r $ x w k r u v r i w k h ( d v w r u h d g y h u v l r q r i w k h u h s r u w / x f l d & d q j u r y ’ h q l v d . u d p r y 7 k l v g r f x p h q w k d v e h h q s u r g x f h g z l w k j x l g d q f h i u r p q f o x v l r q u h o d q g r q d f f h v v l e l o l w d q g s u r r i u h d g e d j u r x s r i v h o i d g y r f d w h v 1 2 who prepared this document? we are an organization. the name of our organization is “ mental health perspectives. we work to: • help people with disabilities, • research how to help people, • help to reduce discrimination. to reduce discrimination is to help people treat other people like equal. discrimination happens when a person is treated badly by other people. for example, because a person has a disability. 3 what are we currently doing? we are part of the enable project. enable means to help people. for example, to help people with a disability to go to court. we recently did a research study. research study means that we talked to people with disabilities, who had to go to court. why did we talk with people with disabilities? people with disabilities sometimes go to court. for example, when the police: • says that the person did something bad, • asks a person with a disability to tell about another person, who committed the crime. 4 going to court can be difficult for people. for example, in court, people may feel: • fear, • stress, • anger. the law must treat all people equally. all people have the right to go to court. we spoke with people with disabilities who visited the court to find out: • how these people felt, • if people understood what was happening in the court, • why people felt the way they felt. 5 what persons with disabilities said about their lawyers? when a person breaks the law, a lawyer goes to court with that person. a lawyer is someone who knows the law very well. a lawyer is there to help people who need help because they go to the court. people with disabilities told us that: • it was difficult to talk to their lawyer, • it was difficult to call their lawyer, • people have not seen their lawyer, • they did not know who their lawyer was, • the lawyer could not help in the court. 6 what people with disabilities said about going to the court? people with disabilities told us that: • the court did not know about their needs, • it was difficult to speak in the court, • people did not know what to do in the court, • people did not know what will happen when the trial is over. what will we do next? we wrote guidelines: • for people working in the court, • for lawyers, • for the police, • for the government. people in the government work to make things in lithuania better for people with disabilities. guidelines is a document that says: • what people with disabilities said, • what needs to be done better. 7 for example, our guidelines says that the courts should: • speak in easy-to-understand language, • explain information with pictures, • allow people to ask questions, • invite other people to speak. we will give training for people working in the court. for example, training about how to better help people with disabilities to understand what is happening in the court. how to contact us? our website is: www.perspektyvos.org our e-mail address is: vilnius@perspektyvos.org 8 this document was prepared in easy to read by: gabriele marija baltrusyte this document was validated by: paul alford this document has been produced with guidance from inclusion ireland on accessibility and proofread by a group of self-advocates. photos from: www.unfold.com www.pexels.com/photo the document was prepared during the implementation of the project enable – enabling inclusion and access to justice for defendants with intellectual and/or psychosocial disabilities (101056701 – enable – just-2021-jacc). co-funded by the european union. views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the european union or the european commission. neither the european union nor the granting authority can be held responsible for them. full project information is available on: https://perspektyvos.org/en/project/enabling-inclusion-and-access-to-justice-for-defendants-with-intellectual-and-or-psychosocial-disabilitiesaccessible justice portugal report page 2 of 14 enable – enabling inclusion and access to justice for defendants with intellectual and psychosocial disabilities. fenacerci created this briefing paper as part of the project enable. this document has been produced with guidance from inclusion ireland on accessibility and proofread by a group of self-advocates. co-funded by the european union. views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the european union or the european commission. neither the european union nor the granting authority can be held responsible for them. enable – 101056701 – just-2021-jacc page 3 of 14 contents what this document is about ……………………………………………………… 4 the project ……………………………………………………………………………….. 4 understanding access to justice ………………………………………………….. 7 what have we done ……………………………………………………………………. 9 what we found out …………………………………………………………………….. 9 some things we were told by people with disabilities …………………… 10 some things we were told by legal professionals ………………………… 11 good things going on……………………………………………………………… 11 what needs to change: …………………………………………………………. 12 conclusions and recommendations……………………………………………. 13 page 4 of 14 what this document is about this document is about how people with intellectual and psychosocial disabilities are treated in the legal system in portugal. the project the enable project is about making sure that people with intellectual and psychosocial disabilities are treated fairly in the legal system. it is about making sure they get a fair chance when they have to go to court. this project is happening in 8 countries in europe. this is what we want: • understand the problems we want to learn about the things that make it hard for people with disabilities to be part of the legal system. • help legal professionals page 5 of 14 we want to help lawyers, police officers, and judges to make the legal system fair for people with disabilities. we want them to follow the laws that protect the rights of people with disabilities. • work together we want to bring together people who help those with disabilities and those who work in the legal system. when we work together, we can make sure that people with disabilities get the help they need in the legal process. this is what we are doing; • research we will talk to people with disabilities and we will talk with professionals working in the legal system to understand the problems better. • create guides we will make easy-to-follow guides for lawyers, police officers, and judges. these guides will help them treat people with disabilities fairly. • plan services page 6 of 14 we will make a plan to improve the services that help people with disabilities in legal matters. this will make it easier for them to get legal help, like having a lawyer to work with them. we want to make sure that everyone is treated fairly in the legal system. page 7 of 14 understanding access to justice access to justice means that everyone has the right to be treated fairly by the law. sometimes, people with disabilities are not treated fairly. this is because: 1. limited legal rights: their rights may not be protected properly by the law. 2. physical barriers: some places like courts and police stations can be hard to get to. 3. transportation issues: they might not have a way to get to these places. 4. legal help challenges: it can be difficult for them to get the help they need from lawyers. page 8 of 14 5. information barriers: information about their rights is often not explained in a way they can understand. 6. bad attitudes: some people think that because they have disabilities, they can’t take part in the justice system. 7. lack of training: many people in the justice system don’t know how to work with people with disabilities. in the justice system, they might be protected like others. page 9 of 14 what we have done • we talked to people and did research. • we looked at international laws and agreements and discussed with experts. • we also interviewed people who know about this topic. what we found out • people with disabilities often struggle to use the legal system. this happens in many countries, including portugal. • the law says people with disabilities should get help to use the legal system. but this does not always happen. • we need to change how we think about disabilities. it is not just about the person. it is about what people in their community can do to make things easier for them. • portugal must do more to help people with disabilities in the legal system. • the law does not say clearly how to make sure people with disabilities understand their rights. • there is no law allowing someone to help people with disabilities in the courts of justice. • the law does not allow friends or family to support people with disabilities in the court. page 10 of 14 • people with intellectual or psychosocial disabilities often struggle to get information in a way that’s easier to understand. • many court buildings in portugal are not accessible to people with disabilities. • the accessibility of websites about the law needs to improve. • people in the legal system are not trained on how to support those with disabilities. • patients who are placed in hospitals by a court decision do not always have a say in their treatment. • nobody is reporting problems people with disabilities have when they go to court. some things people with disabilities told us • many people could not remember being told about their rights when they were arrested. they relied on their lawyers to explain things. • some were allowed to have someone they trusted with them, who supported them to communicate. • lawyers were important to help them to understand the legal process. • police officers rarely asked them what kind of help they needed. • there were no special arrangements made for people with disabilities during their court case. for instance, sign language interpreters or support with communication. • conversations with judges were difficult because they could not understand what was being said. page 11 of 14 some things legal professionals told us • it is hard to make sure people understand the legal process, especially those with intellectual disabilities. • sometimes, disabilities are not taken into account early in the legal process, causing problems later. • legal professionals do not always know what accommodations are available. • legal professionals need more training on disabilities and accommodations. accommodations are support provided to a person with disabilities so that they can take part in the court. • legal professionals are often busy and don’t have enough time to help people with disabilities. good things going on • having local groups with police, disability organisations, and others working together to help people with disabilities to understand the court system. page 12 of 14 what needs to change • portugal needs to help people with disabilities in legal cases. they should have laws that say how to help people with disabilities. this is important when they are accused of a crime. • people working in the legal system should use simple language. they need to provide information in ways that are easy to understand. • people with disabilities should have a say in how the legal system can be better for them. • people working in the legal system need better training about disabilities. they should set up support services to help people with disabilities to understand the legal process. they should learn the best ways to help people with disabilities and share that information. • people who can’t be held responsible for crimes should have better options to going to jail. these changes aim to make sure that people with disabilities are treated fairly in the portuguese justice system. page 13 of 14 conclusions and recommendations to make things better, we should: • make clear rules for getting help during legal processes, including having someone to provide support. • train judges and legal professionals on how to talk with people with disabilities. • allow supporters in court to make things easier for people with disabilities. • make it easier for people with disabilities to do community service instead of paying fines. • make helping people with disabilities in the legal system a top priority in portugal. page 14 of 14 • rewrite the laws to say how to help people with disabilities, especially when accused of • use simple and easy-to-understand language in court cases. • talk to people with disabilities and their groups about how to make the legal system better for them. • make sure people with disabilities who need to go to the hospital can talk to a lawyer. • train the legal professionals and create guides on how to help people with disabilities.+ r z k d u g l v l w w r x q g h u v w d q g z k d w j v k d s s h q l q j w r r x z k h q r x j u h d v x v s h f w r u d g h i h q g d q w ” 3 h r s o h z l w k g l v d e l o l w l h v d q g f u l p l q d o m x v w l f h v x v s h f w 6 r p h r q h v d v r x g l g v r p h w k l q j z u r q j 7 k h d x w k r u l w l h v q h h g w r o r r n l q w r l w g h i h q g d q w 7 k h u h l v h y l g h q f h w k d w r x g l g v r p h w k l q j z u r q j 7 k h d x w k r u l w l h v d u h v w l o o o r r n l q j l q w r l w ( 1 $ % / ( l v d s u r m h f w z k l f k z l o o k h o s s h r s o h z l w k g l v d e l o l w l h v z k h q w k h j r w r f r x u w - x v w l f h p h d q v d o o w k h v w d j h v r x j r w k u r x j k i u r p z k h q r x i l u v w p h h w w k h s r o l f h x q w l o r x d s s h d u l q i u r q w r i w k h m x g j h 7 k h m x g j h g h f l g h v l i w k h s h u v r q d f f x v h g r i w k h f u l p h l v j x l o w : h z d q w s h r s o h z l w k g l v d e l o l w l h v w r x q g h u v w d q g z k w k h h q g h g x s d w w k h s r o l f h v w d w l r q w k h f r x u w r u s u l v r q : h z d q w s h r s o h z l w k g l v d e l o l w l h v w r e h k h d u g d q g w r x q g h u v w d q g z k d w l v k d s s h q l q j l q w k h m x v w l f h v v w h p : k d w l v ( 1 $ % / ( ” 7 r n q r z k r z s h r s o h z l w k g l v d e l o l w l h v d u h w u h d w h g z k h q w k h j r w r f r x u w 7 r i l q g r x w l i s h r s o h z l w k g l v d e l o l w l h v d u h k h o s h g z k h q w k h d u h d u u h v w h g r u f r q y l f w h g i r u d f u l p h 7 r z u l w h d j x l g h i r u m x g j h v 0 h d q l q j d e r r n z l w k v r p h u x o h v d e r x w k r z w r k h o s d s h u v r q z l w k d g l v d e l o l w z k h q w k h f r p h w r f r x u w 7 r r u j d q l h p h h w l q j v z l w k s h r s o h d q g w d o n d e r x w w k h v h w k l q j v 7 r d v n s r o l w l f l d q v w r f k d q j h w k l q j v d q g p d n h v x u h w k d w w k h u l j k w v r i s h r s o h z l w k g l v d e l o l w l h v d u h u h v s h f w h g l q m x v w l f h : k d w g r z h z d q w w r g r ” * 8 , ’ ( : h u h d g z k d w w k h o d z v d v k r z s h r s o h z l w k g l v d e l o l w l h v v k r x o g e h w u h d w h g l q m x v w l f h : h u h d g w k h o d z l q 5 r p d q l d e x w d o v r l q w k h ( x u r s h d q 8 q l r q 7 k h u h l v d q d f w l q z k l f k d o o w k h u l j k w v r i s h r s o h z l w k g l v d e l o l w l h v d u h z u l w w h q , w l v f d o o h g w k h & 2 1 9 ( 1 7 , 2 1 5 r p d q l d k d v v d l g w k d w z k d w l v z u l w w h q l q w k h & 2 1 9 ( 1 7 , 2 1 z l o o d o v r e h u h v s h f w h g l q r x u f r x q w u : h i r x q g r x w w k d w w k l v l v q r w w k h f d v h 3 h r s o h z l w k g l v d e l o l w l h v f d q j w d v n i r u s u r f h g x u d o d f f r p p r g d w l r q v h [ s o d l q w r w k h p z k d w l v k d s s h q l q j k d y h v r p h r q h z l w k w k h p f r p p x q l f d w h l q h d v w r x q g h u v w d q g o d q j x d j h k d y h p r u h w l p h d q g v r r q 7 k h d u h q r w d o o r z h g w r w d n h s d u w h t x d o o l q w k h m x v w l f h s u r f h v v : k d w k d y h z h g r q h ” & 2 1 9 ( 1 7 , 2 1 : h g l g l q w h u y l h z v z l w k s h r s o h z l w k g l v d e l o l w l h v h p s o r h h v l q w k h m x v w l f h v v w h p s h r s o h i u r p 1 * 2 v $ q l q w h u y l h z p h d q v z h d v n h g t x h v w l r q v d q g j r w d q v z h u v i u r p w k h s h r s o h z h v s r n h w r 3 h r s o h z l w k g l v d e l o l w l h v w d o n h g w r x v d e r x w k r z w k h i h h o z k h q w k h d u h v x v s h f w v r u g h i h q g d q w v - x v w l f h h p s o r h h v w r o g x v z k d w j v p l v v l q j d q g z k s h r s o h z l w k g l v d e l o l w l h v g r q j w k d y h h t x d o d f f h v v w r m x v w l f h 3 h r s o h l q 1 * 2 v w r o g x v z k d w w k h d u h j r l q j w k u r x j k z k h q k h o s l q j s h r s o h z l w k g l v d e l o l w l h v d q g z k d w z h f r x o g g r i r u s h r s o h z l w k g l v d e l o l w l h v w r e h w u h d w h g h t x d o o l q f r x u w d q g d w w k h s r o l f h v w d w l r q : k d w k d y h z h g r q h ” 3 h r s o h z l w k g l v d e l o l w l h v w r o g x v w k h g l g q j w n q r z z k d w w k h f r x o g d v n w r k d y h z k d w l v k d s s h q l q j w r w k h p h [ s o d l q h g l q w k h l u r z q z r u g v w r f r p h z l w k v r p h r q h w k h w u x v w h g w r e h o l v w h q h g w r l q d q r w k h u u r r p w k d q w k h f r x u w u r r p w r k d y h p r u h w l p h w r d q v z h u t x h v w l r q v d q g v r r q 0 d q s h r s o h v d l g w k d w p r v w r i w k h w l p h w k h i h h o l j q r u h g $ q r w k h u s u r e o h p l v w k d w w k h g r q j w k d y h d o d z h u r u g r q j w n q r z k r z w r d v n i r u r q h 6 r p h o d z h u v g r q j w h [ s o d l q z k d w l v j r l q j r q $ o o s h r s o h z l w k g l v d e l o l w l h v z h k d y h v s r n h q w r z d q w w r e h k h d u g d q g x q g h u v w r r g w r x q g h u v w d q g z k d w l v j r l q j r q w r k d y h v r p h r q h w r k h o s w k h p x q g h u v w d q g : k d w g l g z h o h d u q l q w k h l q w h u y l h z v ” : h k d y h o h d u q h g i u r p w k h d x w k r u l w l h v w k d w p d q r i w k r v h l q f k d u j h l q w k h m x v w l f h v v w h p s r o l f h m x g j h v s u r v h f x w r u v o d z h u v g r q j w n q r z k r z w r e h k d y h d q g z k d w w r g r z k h q d s h u v r q z l w k d g l v d e l o l w f r p h v l q 0 d q k d y h w r o g x v w k d w s h r s o h z k r z r u n l q w k h m x v w l f h v v w h p g r q j w f r p p x q l f d w h l q h d v w r x q g h u v w d q g o d q j x d j h d q g w k d w s h r s o h k d y h q r z d r i n q r z l q j z k d w l v k d s s h q l q j w r w k h p d q g z k d w w k h l u u l j k w v d u h 2 q h v r o x w l r q z r x o g e h w r k d y h d s h u v r q w r h [ s o d l q w r s h r s o h z l w k g l v d e l o l w l h v z k d w w k h d x w k r u l w l h v v d d q g w r h [ s o d l q w r w k h d x w k r u l w l h v w k h q h h g v w k d w s h r s o h z l w k g l v d e l o l w l h v v d w k h k d y h $ o o s h r s o h l q 1 * 2 v v d l g w k h d x w k r u l w l h v v k r x o g n q r z k r z w r f r p p x q l f d w h z l w k s h r s o h z l w k g l v d e l o l w l h v : k d w g l g z h o h d u q l q w k h l q w h u y l h z v ” $ x w k r u & h ] d u d % f h d q x 5 h v h d u f k 7 h d p * h r u j l d q d 3 d v f x & h ] d u d % f h d q x * h r u j l d q d ’ u w h d q 7 h v w h g e ( o l v d e h w d 0 r o g r y d q f r s u h v l g h q w d w & h y d g h 6 s x v $ v v r f l d w l r q d q g e $ q d & l x f l x u h d 7 h [ w l q h d v w r x q g h u v w d q g o d q j x d j h d q g j u d s k l f v * h r u j l d q d % g h v f x 3 k r w r v r x u f h v & d q y d 7 k l v g r f x p h q w k d v e h h q s u r g x f h g z l w k j x l g d q f h i u r p , q f o x v l r q , u h o d q g r q d f f h v v l e l o l w d q g s u r r i u h d g e d j u r x s r i v h o i d g y r f d w h v 7 k l v g r f x p h q w z d v g h y h o r s h g z l w k l q w k h s u r m h f w k ( q d e o l q j l q f o x v l r q d q g d f f h v v w r m x v w l f h i r u g h i h q g d q w v z l w k l q w h o o h f w x d o d q g s v f k r v r f l d o g l v d e l o l w l h v y ( 1 $ % / ( - 8 6 7 - $ & & & r i x q g h g e w k h ( x u r s h d q 8 q l r q 9 l h z v d q g r s l q l r q v h [ s u h v v h g d u h k r z h y h u w k r v h r i w k h d x w k r u v r q o d q g g r q r w q h f h v v d u l o u h i o h f w w k r v h r i w k h ( x u r s h d q 8 q l r q r u w k h ( x u r s h d q & r p p l v v l r q 1 h l w k h u w k h ( x u r s h d q 8 q l r q q r u w k h j u d q w l q j d x w k r u l w f d q e h k h o g u h v s r q v l e o h i r u w k h p ) x o o g h v f u l s w l r q r i w k h s u r m h f w k w w s v z z z f u m u r h q h q d e o h h q d e o l q j l q f o x v l r q d q g d f f h v v w r m x v w l f h i r u g h i h q g d q w v z l w k l q w h o o h f w x d o d q g s v f k r v r f l d o g l v d e l o l w l h v summary of enable national report in easy-to-read language – slovenia what is the enable project? enable is a project, which campaigns for easier and fairer inclusion of defendants with intellectual and psychosocial disabilities in the court of justice. defendants are persons, who are accused of breaking the law. persons with intellectual and psychosocial disabilities are also called persons with disabilities. in the enable project we want to ensure that defendants with disabilities in the court of justice enjoy equal rights, as other people. this summary represents what happens to people with disabilities in court in slovenia. who worked on the project? in slovenia, the project was done by pic. pic is a legal centre, that works for the protection of human rights. pic also wrote this text. the project was also done in other european countries: romania, portugal, the czech republic, slovakia, bulgaria, spain, lithuania. what did we do? we searched for information and spoke to different people. we spoke to experts and also with people with disabilities. the report says, what happens in the court of justice in slovenia. the report also says, what the barriers are. the report says what could be done better. some of the barriers for people with disabilities are: – they don’t understand the information, – the information is not written in easy-to-read – they do not know their rights, – they do not get enough support from the beginning to the end of the court case – the lawyer often does not know what the problems are or what the person with a disability needs. there are some good things about what happens in the court of justice: – public events and programmes on the situation of people with disabilities. – these programmes are organized by associations, working with people with disabilities. – the ombudsman also organizes programmes. the ombudsman is the person that protects the human rights of people living in slovenia. . – slovenia has an action plan for persons with disabilities. the action plan for persons with disabilities protects the rights of people with disabilities. – two people with disabilities said, they were happy with what happens with criminal court cases criminal procedure. this means, their rights were respected in the court. how can we make court cases better for people with disabilities? – we have to improve the list of accommodations in the law. that means that we can add new things that will help people with disabilities to the law. – we could make a special programme for people with disabilities. this means that people would not go to prison. the experts in the project said, that the most helpful things to do to support people with disabilities in the court are to: – work with defendants one-to-one this means, to give them the time and support they need. – have a list of accommodations. they can see all the options in the list. people with disabilities can find out, what their rights are during the court case – always have information in easy-to-read language. the information must be accessible during the court case in a language they can read and understand. this makes it easier for people with disabilities to take part in court. what are the results of the enable project? to support people with disabilities to take part in court, we need to: – train professionals on how to protect the rights of people with disabilities, – make a list of advocates, who know about the rights and problems of people with disabilities. – include people with disabilities in conversations. we need to listen to what they need and take it on board. – they need to be involved in writing the slovenian action plan for persons with disabilities. the project is coordinated by the international organisation validity foundation. more information the project follows international and eu standards for people with disabilities to access justice. some information in easy-to-read language is available at the links: • convention on the rights of people with disabilities – an easy-to-read guide to the convention in slovenian (4, 5, 9, 12, 13), • guide to the rights of people with disabilities – easy-to-read and easy-to-understand format in slovenian • international principles and guidelines on access to justice for persons with disabilities, • european union strategy for the rights of persons with disabilities 2021-2030. other information about the project the enable project started in september 2022. the enable project will end in august 2024. the project number is 101056701. enabling inclusion and access to justice for defendants with intellectual and psychosocial disabilities (101056701 – enable – just-2021-jacc). this project is co-funded by the european union. views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the european union or the european commission. neither the european union nor the granting authority can be held responsible for them ?illustrations by peter gaber (mypart project) and the risa institute archive.this is an (asy 5ead factsheet this factsheet was adapted to (asy 5ead and validated by this factsheet was written and published following the u1( (; standard on (asy 5eading. 3ersons with intellectual disabilities trained for this purpose validated the content. Œ (asy 5ead logo is the property of inclusion (urope. you can read more at https www.inclusion-europe.eu comprehension difficulties in the legal system in spain . introduction *reen words :e prepared this factsheet for persons with comprehension difficulties. this is an (asy 5ead factsheet. in this document, you can find some green words. 1e[t to green words, you can find a bo[ like this one. in this bo[, you can find an e[planation of green words. 3sychosocial this is how people relate to their environment. this factsheet is a report on the barriers that persons with intellectual or psychosocial disabilities e[perience when they are accused in the criminal justice system. this means that they possibly committed a crime. a report is a document that e[plains a topic. )or e[ample, a report on the health of a person describes the health condition of that person. crime this is a serious act against a person. this act is punishable by law. )or e[ample, theft or mistreatment. this report describes the main barriers that persons with intellectual or psychosocial disabilities e[perience in the following situations – access to information. – the support and adaptation people need in the legal proceedings. 3roceedings the series of actions and procedures that a court takes to try and decide who is responsible for a crime. 3age of this is an (asy 5ead factsheet the convention on the 5ights of 3ersons with ‘isabilities recognises access to justice for 3ersons with ‘isabilities. the united 1ations convention on the 5ights of 3ersons with ‘isabilities says that persons with disabilities have the right to access justice on an etual basis with others. )or this to happen, procedural accommodations need to be made and the people who work in the administration of -ustice must get training. administration of -ustice it is the public service that provides justice. it includes, for e[ample, courts and tribunals. accommodations in the legal procedure are all changes and adaptations that are necessary to make sure that persons with disabilities can participate on an etual basis with others. )or e[ample, to give all the information on a trial in (asy 5ead. legal procedure steps that the court follows from the moment a claim or complaint is presented until the judge resolves it in the sentence. 3age of comprehension difficulties in the legal system in spain . 2bjectives and methodology this report presents the results of a study. the objective of this study is to understand the barriers that limit the participation of persons with intellectual or psychosocial disabilities who are accused by the criminal justice system. the study goes from the beginning of the process, when the investigation of the case starts, to the trial and the sentence that the judge pronounces. in this study documentary research and fieldwork were used. the documentary research included an analysis of laws and reports on how to make procedural accommodations in the legal system for persons with disabilities. 5emember that the accommodations in the legal procedure are e[plained on the previous page. in the fieldwork, some interviews were made, for e[ample, with persons with intellectual or psychosocial disabilities who were accused or convicted, with criminal justice professionals, and with 1on-*overnmental 2rganisations. 1on-*overnmental 2rganisation 2rganisation that does social work and does not try to make money. )or e[ample, 3lena inclusiyn, u1ic() or ‘octors without %orders. 3age of this is an (asy 5ead factsheet . 5esults of the research the %arriers 3ersons with intellectual disabilities who were interviewed for this research e[perienced many barriers to access justice on an etual basis with others. +ere are the main barriers that persons with intellectual disabilities e[perience laws do not recognise the support needs of persons with intellectual disabilities and the importance of making accommodations in the legal procedures in which they participate. the language is very technical and difficult to understand for persons with intellectual disabilities. 3eople who work in the legal system often do not know the rights of persons with disabilities or the procedural accommodations that must be made. intellectual disability is detected late, often when the person is already in prison. there is no system in place to report that a person has an intellectual disability and needs procedural accommodations. 3eople who work in the legal system often do not use (asy 5ead documents to inform persons with intellectual disabilities of their rights. 3age of comprehension difficulties in the legal system in spain there are no resources for people who need communication support, such as alternative and augmentative communication systems. )or e[ample, a person who does not use oral language needs to use an alternative communication system such as a pictogram board. 3eople who work in the legal system do not understand disability and its characteristics and misinterpret the behaviour of persons with disabilities. )or e[ample, they think that persons with disabilities do not cooperate but they do not consider that persons with disabilities need more time to answer the tuestions. the facilitator usually intervenes for the first time at the trial and not at the first contact of the person with a disability with the justice system. )acilitator this is a trained person who accompanies persons with intellectual or developmental disabilities on legal proceedings. 3age of this is an (asy 5ead factsheet. 5ecommendations 3ersons with intellectual disabilities who were interviewed for this research recommended the following modify criminal laws so that they recognise the rights of persons with disabilities and the need to make procedural accommodations. *et the opinion of persons with disabilities on how to make the justice system more accessible to them. *uarantee the figure of the facilitator so that people who need a facilitator can have access to one during the whole legal proceedings. create a protocol of action for people who work in the legal system when the accused person is a person with a disability. 3rotocol of action this document e[plains the instructions a person needs to follow. create a statute of the ‘efendant that guarantees the rights of persons with disabilities who are defendants or under investigation. the statute of the ‘efendant should be a document that describes the rights of defendants or persons under investigation. ‘efendant or person under investigation a person who was accused in court of committing a crime. improve the coordination of people who work in the legal system. *uarantee the early detection of intellectual disability so that the person with a disability can follow the criminal proceedings on an etual basis with others. 3age of comprehension difficulties in the legal system in spain train people who work in the legal system on the rights of persons with disabilities. *ive more information about support resources that are available for persons with disabilities. *ive persons with intellectual disabilities accessible information about their rights, and about what happens during the legal procedure. 3age of *lossary 5eport a report is a document that e[plains a topic, for e[ample, a report on the health of a person describes the health condition of that person. 3sychosocial this is how people relate to their environment. criminal justice system it is a group of people and organisations who are responsible for implementing the laws on crimes. crime a crime is a serious act against someone and is punishable by law. theft, mistreatment, or se[ual abuse are e[amples of crime. legal proceedings it is a way to resolve conflicts with the help of a legal authority. legal procedure it is a series of legal processes that resolve the conflict. 3rocedural accommodations all changes and adaptations that are necessary to guarantee access to information for persons with disabilities on an etual basis with others. )or e[ample, to give all the information on a trial in (asy 5ead. administration of -ustice it is a public service that provides justice. it includes, for e[ample, courts and tribunals. 3age of *lossary trial it is an act in which a judge e[amines facts and considers whether people broke the law. at the end of the trial, there is a decision. this decision is called a sentence. ‘ocumentary research it is a research method that collects and selects information by reading documents. )ieldwork it is a research method that collects and selects information by observing people and interacting with them in their environment. 1on-*overnmental 2rganisations :e also call them 1*2s. it is an organisation that does social work and does not try to make money. )or e[ample, 3lena inclusiyn, u1ic() or ‘octors without %orders. )acilitator a trained person who accompanies persons with intellectual or developmental disabilities on legal proceedings. 3rotocol of action this document e[plains the instructions that a person must follow. ‘efendant or person under investigation a person who was accused of committing a crime. 3age of comprehension difficulties in the legal system in spain this is an (asy 5ead factsheet co-funded by the (uropean union this project is co-funded by the (uropean union. the views and opinions e[pressed are those of the author s and do not necessarily reflect those of the (uropean union or the (uropean commission. 1either the (uropean union nor the granting authority can be held responsible for them. comprehension difficulties in the legal system in spain.introduction*reen words 1e[t to green wordsyou can finda bo[ like this one.in this bo[, you can findan e[planation of green words.this is how people relate to their environment. this is a serious actagainst a person. you can go to jail because of it. )or e[ample,theft or mistreatment.:e prepared this factsheetfor persons wthis is an (asy 5ead factsheet.in this document, you can findsome green words.this factsheet is a report on the barriersthat persons with intellectual or disabilities e[perience when they are accused in the criminal justice system. this means that committed a a report is a document that e[plains a )or e[ample, a report on the health of a persondescribes the health condition of that person. this report describes the main barriersthat persons with intellectual or disabilities e[periencethe following situations -access to information.-the support people needin the legal the series of actions a court takes to try and who is responsiblefor a crime.3age of this factsheet was adapted to (asy 5ead and validated by this factsheet was written and published following the u1( (; standard on (asy 5eading. 3ersons with intellectual disabilities trained for this purpose validated the content. Œ (asy 5ead logo is the property of inclusion (urope. you can read more at https www.inclusion-europe.euthis is an (asy 5ead factsheetcomprehension difficulties in the legal system in spain. 2bjectives and ethodologythis report presents the results of a study.the objective of this study is to understand the barriersthat limit the participationof persons with intellectual or who are accused by the criminal justice system.the study goes from the beginning,when the the case starts,to the trial and the sentence that the judge pronounces.in this study documentary research and fieldworkwere used.the documentary researchincluded an analysis of laws and reportson how to make procedural accommodationsin the legal system for persons with disabilities.5emember that the accommodations in the legal procedureare e[plained on the previous page.in the fieldwork, some interviews were made, for e[ample,persons with intellectual or who were accused or cwith criminal justice professionals,andwith 1on-*overnmental 2rganisations.1on-*overnmental 2rganisation 2rganisation that doessocial workand does not try to make money.)or e[ample,3lena inclusiyn,u1ic() or ‘octors without%orders.3age of this is an (asy 5ead factsheetthe convention on the 5ights of 3ersons with ‘isabilitiesrecognises access to justicefor 3ersons with ‘isabilities.the united 1ations conventionon the 5ights of 3ersons with ‘isabilitiessays that persons with disabilitieshave the right to access justiceon an etual basis with others.)or this to happen, procedural to be madeand the people who workin the administration of -usticemust get training.administration of -ustice it is the public service that provides justice.it includes, for e[ample,courts and tribunals.accommodations in the legal procedureare all changes and adaptations that are necessaryto make sure that persons with disabilitiescan participate on an etual basis with others.)or e[ample, to give all the information on a trial in (asy 5ead.legal procedure steps that the court followsfrom the moment a claim or complaintis presented until the judgethe sentence.3age of comprehension difficulties in the legal system in spainthere are no resources for peoplewho need communication support,such as alternative and augmentative communication systems.)or e[ample, a person who does not use oral languageneeds to use an alternative communication systemsuch as a pictogram board.3eople who work in the legal systemdo not understand disability and its characteristicsand misinterpret the behaviourof persons with disabilities.)or e[ample, they think that persons with disabilities do not cooperatebut they do not consider that persons with disabilitiesneed more time to answer the tuestions.the facilitatorusually intervenes for the first time at the trialand not at the first contactof the person with a disability with the justice system.)acilitator this is a trained personwho accompaniespersons withintellectual or developmentaldisabilitieson legal proceedings.3age of this is an (asy 5ead factsheet.5esults of the researchthe %arriers3ersons with intellectual disabilitieswho were interviewed for this researche[perienced many barriersto access justice on an etual basis with others.+ere are the main barriersthat persons with intellectual disabilitiese[perience laws do not recognise the support needsof persons with intellectual disabilitiesand the importance of making accommodations in the in which they participate.language is very technical and to understandfor persons with intellectual disabilities.3eople who work in the legal systemdo not know the rightsof persons with disabilitiesor the procedural accommodations that must be made.intellectual disability is often when the person is already in prison.there is no system in place to reportthat a person has an intellectual disabilityand needs procedural accommodations.3eople who work in the legal systemoften do not use (asy 5ead documentsto inform persons with intellectual disabilitiesof their rights.3age of this is an (asy 5ead factsheet.5ecommendations3ersons with intellectual disabilitieswho were interviewed for this researchrecommended the following modify criminal lawsso that they recognise the rights of persons with disabilitiesand the need to make procedural accommodations.*et the opinion of persons with disabilitieson how to make the justice system more accessible to them.*uarantee the figure of the facilitatorso that people who need a facilitatorcan have access to one during the whole legal proceedings.create a protocol of actionfor people who workin the legal systemwhen the accused personis a person with a disability.3rotocol of action this document e[plainsthe instructions a person needstofollow.create a statute of the ‘efendantthat guarantees the rightsof persons with disabilities who are defendantsor under investigation.the statute of the ‘efendant should be a documentthat describes the rights of defendantsor persons under investigation.’efendant orperson under investigation a person who wasaccused in courtof committing a crime.improve the coordination of peoplewho work in the legal system.*uarantee the early detectionof intellectual disabilityso that the person with a disabilitycan follow the criminal proceedingson an etual basis with others.3age of comprehension difficulties in the legal system in spainthere are no resources for peoplewho need such as alternative and augmentative communication systems. )or e[ample, a person who does not to use an alternative communication systemsuch as a pictogram board.3eople who work in the legal systemdo not understand disability and its and misinterpret the behaviourof persons with disabilities.)or e[ample, they think that persons with disabilities do not but they do not that persons with disabilitiesneed more time to answer the tuestions.for the first time at the trialand not at the first contactof the person with a disability with the justice system.this is a trained personpersons withintellectual or developmentalon legal 3age of comprehension difficultiesin the legal system in spain this is an (asy 5ead factsheet co-funded by the (uropean unionthis project is co-funded by the (uropean union. the views and opinions e[pressed are those of the author s and do not necessarily reflect those of the (uropean union or the (uropean commission. 1either the (uropean union nor the granting authority can be held responsible for them.*lossarytrialit is an act in which a judge e[amines factsand considers whether people broke the law.at the end of the trial, there is a decision.this decision is called a sentence.’ocumentary researchit is a research methodthat collects and selects informationby reading documents.)ieldworkit is a research methodthat collects and selects informationby observing people and interactingwith them in their environment.1on-*overnmental 2rganisations:e also call them 1*2s.it is an organisation that does social workand does not try to make money.)or e[ample,3lena inclusiyn, u1ic() or ‘octors without %orders.)acilitatora trained person who accompaniespersons with intellectual or developmental disabilitieson legal proceedings.3rotocol of actionthis document e[plains the instructionsthat a person must follow.’efendant or person under investigationa person who was accused of committing a crime.3age of *lossary5eporta report is a document that e[plains a topic,for e[ample, a report on the health of a persondescribes the health condition of that person.3sychosocialthis is how people relate to their environment.criminal justice systemit is a group of people and organisationswho are responsible for implementing the laws on crimes.crimea crime is a serious act against someoneand is punishable by law.theft, mistreatment, or se[ual abuseare e[amples of crime.legal proceedingsit is a way to resolve conflictswith the help of a legal authority.legal procedureit is a series of legal processesthat resolve the conflict.3rocedural accommodationsall changesand adaptations that are necessaryto guarantee persons with disabilitieson an etual basis with others.)or e[ample, to give all the information on a trial in (asy 5ead.administration of -ustice it is a public service that provides justice.it includes, for e[ample, courts and tribunals.3age of *lossarytrialit is an act in which a judge e[amines factsand considers whether people broke the law.at the end of the trial, there is a decision.this decision is called a sentence.’ocumentary researchit is a research methodthat collects and selects informationby reading documents.)ieldworkit is a research methodthat collects and selects informationby observing people and interactingwith them in their environment.1on-*overnmental 2rganisations:e also call them 1*2s.it is an organisation that does social workand does not try to make money.)or e[ample,3lena inclusiyn, u1ic() or ‘octors without %orders.a trained person who persons with intellectual or developmental disabilitieson legal proceedings.3rotocol of actionthis document e[plains the instructionsthat a person must follow.’efendant or person under investigationa person who was accused of committing a crime.3age of *lossary5eporta report is a document that e[plains a topic,for e[ample, a report on the health of a persondescribes the health condition of that person.this is how people relate to their environment.criminal justice systemit is a group of people and organisationswho are responsible for implementing the laws on crimes.a crime is a serious act against someonetheft, mistreatment, or se[ual abusee[amples of crime.it is a way to resolve conflictswith the help of a legal authority.legal procedureit is a series of legal processesthat resolve the conflict.3rocedural accommodationsall changesand adaptations that are necessaryto guarantee persons with disabilitieson an etual basis with others.)or e[ample, to give all the information on a trial in (asy 5ead.administration of -ustice it is a public service that provides justice.it includes, for e[ample, courts and tribunals.3age of comprehension difficulties in the legal system in spaintrain people who work in the legal systemon the rights of persons with disabilities.*ive more information about support resources that are availablefor persons with disabilities.*ive persons with intellectual disabilitiesaccessible information about their rights,and about what happens during the legal procedure.3age of this is an (asy 5ead factsheet.5ecommendations3ersons with intellectual disabilitieswho were interviewed for this researchrecommended the following 3rotocol of action his document e[plainsthe instructions a person needstofollow.efendant orperson under investigation a person who wasaccused in courtof committing a crime.modify criminal lawsso that they recognise the rights of persons with disabilities and the need to make procedural accommodations.*et the opinion of persons with disabilitieson how to make the justice system more accessible to *uarantee the of the facilitatorso that people who need a facilitatorcan have access to one during the whole legal create a protocol of actionfor people who workin the legal systemwhen the accused personis a person with a disability.create a of the ‘efendantthe rightsof persons with disabilities who are or under investigation.of the ‘efendant should be a documentthat describes the rights of defendantsor persons under investigation.improve the coordinationof peoplewho work in the legal system.the early detectionof intellectual disabilityso that the person with a disabilitycan follow the criminal on an etual basis with others.3age of this is an (asy 5ead factsheetthis factsheet was adapted to (asy 5ead and validated by this factsheet was written and published following the u1( (; standard on (asy 5eading. 3ersons with intellectual disabilities trained for this purpose validated the content. Œ (asy 5ead logo is the property of inclusion (urope. you can read more at https www.inclusion-europe.euthis is an (asy 5ead factsheetthis factsheet was adapted to (asy 5ead and validated by this factsheet was written and published following the u1( (; standard on (asy 5eading. 3ersons with intellectual disabilities trained for this purpose validated the content. Œ (asy 5ead logo is the property of inclusion (urope. you can read more at https www.inclusion-europe.eu
Easy-to-read ENABLE project
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Barriers for persons with disabilities in criminal justice cases in Bulgaria
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DEFENDANTS WITH DISABILITIES IN CZECH REPUBLIC IN CZECH REPUBLIC
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What did people with an intellectual disability or a psychosocial disability say about the courts?
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Summary of ENABLE national report in easy-toread language – Slovenia