“The Convention on the Rights of Persons with Disabilities”: The Response of the Clinic

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) which entered into force on 3 May 2008 offers the opportunity to people with a disability to press governments for change on the basis of rights accorded to them under the treaty. Article 13 of the Convention requires States to ensure effective access to justice for persons with disabilities on an equal basis with others. This article draws on the Australian experience. The Convention is particularly relevant in all States that have ratified it but can be used as an indicator of best practice by all States and organisations. Up to twenty per cent of all people have a disability and all clinics may have clients, staff and students with a disability. This paper examines the parameters of the right to access to justice as it relates to the clinic and proposes a set of guidelines drawn from the literature that enable clinics to assess their current practices.