Justice and Disability Forum Presentation

Discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person”, Convention on the rights of persons with disabilities, New York 13 December 2006.

Access to justice is a basic principle of the Constitutional State, article 24 of the Spanish Constitution proclaims that “every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended”. This right cannot be impeded, limited or constrained under any circumstances, and therefore not on the basis of disability either. On the contrary, it is an ethical but also a legal duty, to give enhanced protection to those who can find it harder to fully exercise their rights.

There are many barriers faced by persons with disabilities in different aspects of life, but on this point it should not be forgotten that disability, as stated in the preamble to the UN Convention, “is an evolving concept and that it results from interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”.

Wishing to prevent obstacles that affect access to the Law Courts, the General Council of the Judiciary, as the highest governing body within the Judiciary, ordered the creation of the Justice and Disability Forum. It was set up through an inter-institutional agreement signed on 1 December 2003, with the basic aim of coordinating the State's legal institutions to achieve a more effective legal protection of the rights of persons with functional diversity, more than four million in Spain.

Participants in the Justice and Disability Forum, other than the Council itself, include the Ministry of Justice; the Ministry of Health, Social Services and Equality; the Office of the Director of Public Prosecutions; the General Council of the Spanish Bar Association; the General Council of Spanish Notaries (Aequitas Foundation); the Professional Association of Industrial Property and Moveable Assets Registrars of Spain, the General Council of the Official Association of Labour Relations Consultants; the Spanish Committee of Representatives of Persons with Disabilities – CERMI –; and the Spanish National Organisation for the Blind (ONCE Foundation). Over the years experts from different areas have also come on board. Although this body is essentially legal in nature, it does not disregard other fields of human knowledge.

On this page you will be able to find information about our activities, as well as different useful links.

In addition, in each High Court, there is a disability representative who can be approached to resolve any question that may arise in your relationship with the Law Courts; this is obviously without prejudice to the possibility of approaching the General Council of the Judiciary via the established channels for making complaints or suggestions. Furthermore, the different institutions that comprise the Forum have their own established channels for dealing with such requests.

Persons with disabilities can contribute to society to the same extent as persons without a disability, as long as that society is built on the values of respect and the inclusion of all. The Convention emphasises “the value of existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty”.