Publication details

Osoby se zdravotním postižením a jejich právo na přístup k soudu

Title in English Persons with disabilities and their right to access to court
Authors

HAVLOVÁ Jana

Year of publication 2018
Type Article in Proceedings
Conference Cofola 2018: Část IV. Právo na přístup k soudu
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Keywords persons with disabilities; access to court; the UN Convention on the Rights of Persons with disabilities
Description The UN Convention on the Rights of Persons with Disabilities contains several articles that are either directly or indirectly related to the right to access to court. No less important is Article 9 focused on accessibility for persons with disabilities. The author deals with different views on the term “accessibility”, the concept of “access” is more comprehensive than it seems at the first sight. The access is not only related to the physical access to public space (for example to court) but it is also related to the access to information, to information technologies, to services and so on. As is commonly known, persons with disabilities face to poorer conditions for their accessibility because of their disability. And that is why the UN Convention is important for them. The Convention guarantees persons with disabilities the full enjoyment of all their human rights and supports their active and full participation in society. However, there is a question whether all their human rights are guaranteed in the reality and whether all Czech legislation is designed to protect persons with disabilities without hindering their right to access the court. This work will be focused on this area and will be also based on the actual cases. This scientific work also deals with the procedural protection of persons with disabilities who are parties to the legal proceedings. The topic is close to the author because she herself is a person with a hearing impairment and works as a lawyer in the new legal division focused on the monitoring of rights of persons with disabilities in the Office of the Public Defender of Rights.
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