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Inequalities before the Law Access to Justice for Persons with Disabilities: Indonesia

Inequalities before the Law Access to Justice for Persons with Disabilities: Indonesia. Nicola Colbran Director, Australia Indonesia Partnership for Justice.

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Inequalities before the Law Access to Justice for Persons with Disabilities: Indonesia

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  1. Inequalities before the LawAccess to Justice for Persons with Disabilities: Indonesia Nicola Colbran Director, Australia Indonesia Partnership for Justice

  2. Little progress has been made towards ensuring equality before the law and access to justice for persons with disabilities in Indonesia – Why?

  3. Attitudes to Disability Influence Laws • Disability = identical to sickness or weakness • A person with a disability = person without capability who will only burden those around them • PwDs = objects of laws, not subjects with legal rights

  4. Convention on Rights of Persons w/ Disabilities • Article 12: Equal recognition before the law • People before the law who have the right to make own legal decisions Violations include: - interdiction laws: declaration of incapacity, and attribution ofto act on persons behalf to another person

  5. Convention on Rights of Persons w/ Disabilities • Article 12: Equal recognition before the law Violations include: • preventing legal acts on an equal basis with others eg. marriage law: permits polygamy for wife’s disability or divorce for spouse’s disability • failing to support participation in legal proceedingseg. No witness statements from those with hearing or speech impairments; inaccessible court buildings.

  6. Convention on Rights of Persons w/ Disabilities Article 13: Access to justice Can PwDs access an enforceable remedy? No, because: • Laws cannot be implemented: no implementing regulations or no remedies can be sought for breach • Do not set out who is responsible, where & to whom a complaint can be made or sanctions for breach • Too general, or only partly regulate the subject matter • Where there is protection for rights of PwDs, it is often not implemented or enforced

  7. Approach to Disability: Laws and Policy • Indonesia ratified DisCo on 18 October 2011 • disability = human rights issue • disability = consequence of interaction with an environment that does not accommodate that individual’s differences and limits or impedes the individual’s participation in society

  8. Laws • 1945 Constitution • non-discrimination • equality before the law • right to equal treatment before the law • These protections need to be translated into law, in accordance with the recently ratified Convention

  9. Going forward - AIPJ • Supreme Court Legal Aid Circular Letter now includes a specific reference to PwDs • Code of Conduct for Judges prohibits unfair treatment by judges on the basis of physical or mental capacity • AHRC-Komnas Perempuan • Ombudsman • Information and complaints through internet • Legal aid/paralegal – NGO swaps • Disability specialisation training for lawyers in exchange for legally mandated pro-bono work

  10. Thank you

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