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Date: April 30, 2024 Tue
Time: 12:03 am
Time: 12:03 am
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1 results foundAuthor: Linder, Barbara Title: Dignity at Trial: Enhancing Procedural Safeguards for Suspects with Intellectual and Psychosocial Disabilities Summary: Criminal proceedings against persons with intellectual and/or psychosocial disabilities pose a range of challenges for all involved stakeholders and bear a particularly high risk of human rights violations for a suspect with disabilities. This is primarily due to two facts: First, the suspect's vulnerability due to his/her intellectual and/or psychosocial disability is frequently not identified. The person is therefore not granted the necessary support, in particular medical assistance, accessible information and legal support, and may undergo a criminal procedure without being able to effectively participate in the proceedings. This unequal balance of power undermines the right to a fair trial. Second, even if the vulnerability is identified criminal law often does not adequately respond to the needs of a vulnerable suspect. It has traditionally approached disabilities, especially psychosocial ones, from a risk prevention perspective and not from a human rights perspective that aims to ensure equality and non-discrimination. National laws often provide a "one fits all" approach which does not take account of the individual situation of the suspect. Timely identification by independent experts and adequate procedural safeguards which allow for active participation, are therefore essential to ensure a fair trial for persons with intellectual and/or psychosocial disabilities. The following key findings outline the main gaps identified when assessing the implementation of the Recommendation on procedural safeguards for vulnerable persons in all five partner countries. Details: Vienna, Austria: Ludwig Boltzmann Institute, 2018. 178p. Source: Internet Resource: Accessed May 31, 2019 at: https://bim.lbg.ac.at/sites/files/bim/attachments/1_handbook_dignity_at_trial.pdf Year: 2018 Country: Europe URL: https://bim.lbg.ac.at/en/project/current-projects-projects-human-dignity-and-public-security-projects-development-cooperation-and-business/dignity-trial-enhancing-procedural-safeguards-suspects-intellectual-and-psychosocial-d Shelf Number: 156117 Keywords: Courts Europe Human Rights Intellectual Disabilities Procedural Safeguards Psychosocial Disabilities Trial |