Discuss about the Intellectual disability.
The term intellectual disability refers someone who has bit intelligence and who finds it difficult to apply the skill regarding his or her daily activities[1]. Intellectual disability can be termed as mental retardation and it has been observed that their learning skill process is slower compare to others. According to the psychological definition, the people suffer from intellectual disability have two limitations such as intellectual functioning and adaptive behaviours. However, it has not mentioned anywhere that they could not learn a thing; but the process of learning is quite slower. It has been observed that in many times, the persons with such disabilities could not get proper justice. The basic right of the people is to be equally treated before the law and special care is required in their case.
Individuals with psychological, intellectual disabilities or communication disabilities may become involved in criminal proceeding. Such persons with disabilities may be involved in the criminal proceedings either as defendant, suspects or witnesses.
The reports of the United Nations indicate that persons with any of the disabilities as listed above have a higher probability of getting involved in the criminal proceeding as compared to the people without the difficulties. Such people with disabilities are most often victimized and are subjected to physical abuse and physical or sexual assault which is related to the vulnerability to such disabilities. Crimes against such persons with disabilities have a low of probability of being reported. In most cases persons suffering from such disabilities, who become victims of physical and sexual abuse and assault fear the backlash of the perpetrator and therefore refrain from filing complaints of such sexual and physical abuse. It has been estimated that approximately one billion people, accounting for 15 percent of the global population experience some form of disability. Article 1 of the United Nations convention on the Rights with persons with disabilities provides the definition of persons who experience disabilities. It can be stated that such persons who suffer from some form of disabilities face some form of socio economic marginalization which results in poor treatment ad healthcare facilities, limited prospects of employment and low quality of education. Further it can be stated that the barriers to access to justice exacerbates the aforementioned negative outcomes.
Disability is a social curse and lack of nutrition or below quality of education creates disabilities among the people[2]. Therefore, access to justice can be considered as the fundamental rights of the disabled people. However, the international policy makers have failed to promote any provisions for the disabled persons. The disabled person’s rights have been mentioned under the Sustainable Development Agenda. However, an attempt has been made by the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD)[3]. A definition has been given regarding the disabled person and according to this convention, the disabled person has to face serious disproportional mentalities in the society and therefore, they have to face serious restriction regarding community participation. It has often observed that the disabled persons are facing disrespect, outrage of modesty and they have to face violence in certain times.
However, United Nations have implemented certain policies with an intention to establish justice for the disabled people. The UN that could be enjoyed by the disabled person has declared certain set of rights. Further, it has been observed that the preamble of the Convention is based on the assurance of establishing the rights and dignity of disabled person[4]. Therefore, issues relating to the disabled person have become the mainstream and integral parts of the strategies developed by the United Nation. Observation made by the United Nation to this aspect states that a peaceful and sustainable society can be generated when the rights of all the people can be established. However, it is very difficult to find out the fact that to what extent the rights of the disabled persons established. According to article 31 of the convention, inappropriate data has created negative effect on the disable person and they often have to face serious trouble due to the same[5].
However, justice can be promised to the disable person through certain acts:
At first, the process of justice is required to be identified. According to Eilionóir Flynn (2016), the disabled people should not be discriminated and they should enjoy their equal rights before the court and in everywhere. Further, effective remedy should have to given to them and the trial process should be impartial in nature. The legal capacity of the disable person has been mentioned in article 12 of the convention and that should be maintained over all[6]. Any types of discrimination are not allowed in this case and sufficient respect is required to be given regarding the preference of the disable person. The process of unchecked power imbalance should be avoided and society has to play vital role in all the cases. According to the United National Development Programme, sufficient legal awareness is required to provide justice to the disable person. The communication level should be developed so that the rights of the disable people can be established prominently. Much concentration over the strategic litigations are required to this effect.
Thus, to conclude it can be stated that Access to justice is a fundamental right which acts as a precondition of enjoying all other fundamental rights. Access to justice acts as a remedial measure for the enforcement of all the other fundamental rights and also provides a unique instrument to fight all sorts of discrimination. People who suffer from disabilities have difficulty accessing judicial courts and quasi judicial courts and are denied legal capacity.
Thus it can be said paradoxically and ironically that those who in dire need of access to an efficient justice system are the ones who face the most barriers in accessing the same. Such persons who suffer from intellectual or any form of disability often become victims of physical and sexual abuse. Crimes against such disabled persons are rarely reported. They fear the backlash of the perpetrators in the event of reporting the crimes committed against them. According to the United National Development Programme sufficient legal service is required to be provided to the persons who face disabilities. The United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) has been developed to make the persons who face disabilities realize their rights.
References:
Buxbaum, Joseph, et al. “Combining Autism and Intellectual Disability Exome Data Yields Insight into both Disorders.” NEUROPSYCHOPHARMACOLOGY. Vol. 40. MACMILLAN BUILDING, 4 CRINAN ST, LONDON N1 9XW, ENGLAND: NATURE PUBLISHING GROUP, 2015.
Curryer, Bernadette, Roger J. Stancliffe, and Angela Dew. “Self-determination: Adults with intellectual disability and their family.” Journal of Intellectual and Developmental Disability40.4 (2015): 394-399.
Gilissen, Christian, et al. “Genome sequencing identifies major causes of severe intellectual disability.” Nature 511.7509 (2014): 344.
Ma, Huan, et al. “CaMK2G, an Intellectual Disability Candidate Gene, Is Critical for Spatial Learning and Activity-dependent BDNF Synthesis in the Hippocampus.” JOURNAL OF GENERAL PHYSIOLOGY. Vol. 146. No. 3. 950 THIRD AVE, 2ND FLR, NEW YORK, NY 10022 USA: ROCKEFELLER UNIV PRESS, 2015.
Najdowski, Cynthia J., and Bette L. Bottoms. “Effects of jurors’ gender and attitudes toward intellectual disability on judgments in cases involving disabled juvenile defendants.” The Journal of Forensic Psychiatry & Psychology 26.3 (2015): 407-424.
Wickström, Maria, et al. “Increased risk for mental illness, injuries, and violence in children born to mothers with intellectual disability: A register study in Sweden during 1999–2012.” Child abuse & neglect 65 (2017): 124-131.
Gilissen, Christian, et al. “Genome sequencing identifies major causes of severe intellectual disability.” Nature 511.7509 (2014): 344.Ma, Huan, et al. “CaMK2G, an Intellectual Disability Candidate Gene, Is Critical for Spatial Learning and Activity-dependent BDNF Synthesis in the Hippocampus.” JOURNAL OF GENERAL PHYSIOLOGY. Vol. 146. No. 3. 950 THIRD AVE, 2ND FLR, NEW YORK, NY 10022 USA: ROCKEFELLER UNIV PRESS, 2015
Buxbaum, Joseph, et al. “Combining Autism and Intellectual Disability Exome Data Yields Insight into both Disorders.” NEUROPSYCHOPHARMACOLOGY. Vol. 40. MACMILLAN BUILDING, 4 CRINAN ST, LONDON N1 9XW, ENGLAND: NATURE PUBLISHING GROUP, 2015.
Wickström, Maria, et al. “Increased risk for mental illness, injuries, and violence in children born to mothers with intellectual disability: A register study in Sweden during 1999–2012.” Child abuse & neglect 65 (2017): 124-131.
Curryer, Bernadette, Roger J. Stancliffe, and Angela Dew. “Self-determination: Adults with intellectual disability and their family.” Journal of Intellectual and Developmental Disability40.4 (2015): 394-399.
Najdowski, Cynthia J., and Bette L. Bottoms. “Effects of jurors’ gender and attitudes toward intellectual disability on judgments in cases involving disabled juvenile defendants.” The Journal of Forensic Psychiatry & Psychology 26.3 (2015): 407-424
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