Access to justice for persons with disabilities: a “Toothless tiger”?

Md Tah, Ikmal Hisham and Mokhtar, Khairil Azmin (2018) Access to justice for persons with disabilities: a “Toothless tiger”? In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished)

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Abstract

Persons with Disabilities (PWD) are subject to adverse stigma and discrimination from the society. Through these experiences, there is the mandatory requirement for the State to create conducive and appropriate measures which allow their access to justice within the legal system. The measures including the ratification of the CRPD, the Convention under United Nations specifically for PWD and local legislations confirm to the standard stipulated under CRPD. The Malaysian Persons with Disabilities Act 2008, however, has been criticised for no penalty mechanism which made it ‘toothless tiger’ lead to discriminate their ability to access to justice. This paper will analyse the access to justice available for PWD within international and domestic legal framework. This analysis would improve the laws and create an avenue to create awareness on their rights to access to justice within the legal system. The final analysis showed that it is crucial for the State to ensure protection available for this minority group in access to the justice system which would enhance and promote their rights at the highest level.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	1650/70409
Uncontrolled Keywords:	access to justice, persons with disabilities, international law, domestic law
Subjects:	K Law > K Law (General) K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited:	26 Feb 2019 10:20
Last Modified:	26 Feb 2019 10:20
URI:	http://irep.iium.edu.my/id/eprint/70409

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