Access to justice for people with intellectual disabilities from a human rights perspective

Abstract

This work aims to show how the lack of a modern and inclusive system of justice, that facilitates and make effective the right of access to the justice, represents one of the biggest obstacles to guarantee the human rights of persons with disabilities, particularly of those who live with an intelectual disability, considering the complex barriers which they face. Therefore, this study focuses on the particular analysis of this topic and in the search of practical and significal solutions that could be applied in the system of justice of the Mexico City to enforce their right of access to justice, beginning by guaranteeing them the right to full recognition to their legal capacity and freedom to make their own decisions. The present research was made on the basis of the standards established in the universal and InterAmerican systems of human rights, regarding the right of access to justice for persons with disabilities and very specifically from the social model of disability that has as principles the dignity of all persons with disabilities, the autonomy in its decisions and their effective inclusion in the society.