School of Law, University of Limerick, Limerick, Ireland; School of Medicine, University of Limerick, Limerick, Ireland.
School of Law, University of Limerick, Limerick, Ireland.
Int J Law Psychiatry. 2022 Jul-Aug;83:101815. doi: 10.1016/j.ijlp.2022.101815. Epub 2022 Jun 23.
Background People with intellectual disabilities are over-represented in the criminal justice system. The United Nations' Convention on the Rights of Persons with Disabilities (UNCRPD) enshrines a right to equal access to justice for persons with disabilities (Article 13, UNCRPD). Accessible information is a key aspect of exercising this right. Yet, many jurisdictions, including Ireland, are yet to develop accessible information for disabled people who may be arrested. Aims This paper describes the collaborative development through multidisciplinary and advocate consensus of an accessible (Easy -to- Read) Notice of Rights (ERNR) for people with intellectual disabilities in police custody in Ireland. Methods Guidelines developed by Ireland's representative organisation for people with intellectual disabilities and examples of international practice were used to develop a draft ERNR by the primary researcher in partnership with an expert from a representative organisation for people with intellectual disabilities. The ERNR was developed thereafter through two focus groups with a view to achieving consensus with a focus on accessibility, accuracy and layout. This included a multidisciplinary focus group with participants from a representative organisation for people with intellectual disabilities, psychology, speech and language therapy, the police force, public health, forensic psychiatry, mental health, law and, subsequently, a focus group of people with lived experience of intellectual disability. Results Progressive development of the ERNR resulted in incremental improvements in textual accuracy as well as the inclusion of more accessible language and imagery. Originality/value This is the first attempt at developing an easy-to-read document relating to the legal rights of suspects in police custody in Ireland and, accordingly, this procedural innovation promises to assist, not just persons with intellectual disabilities, but also those with limited literacy at the point of arrest. The methodology used in the preparation of the document, employing a focus group to achieve consensus with participation from both multiple disciplines and persons with an intellectual disability, is in harmony with the ethos of the UNCPRD. This methodology may usefully be employed by other member states that have ratified the Convention but have yet to develop accessible version of the legal rights and entitlements that extend to arrested persons under their domestic law.
智障人士在刑事司法系统中的比例过高。联合国《残疾人权利公约》(UNCRPD)规定,残疾人享有平等获得司法公正的权利(UNCRPD 第 13 条)。无障碍信息是行使这一权利的关键方面。然而,包括爱尔兰在内的许多司法管辖区尚未为可能被逮捕的残疾人士制定无障碍信息。
本文描述了通过多学科和倡导者共识,为爱尔兰被警方拘留的智障人士共同制定无障碍(易读)权利通知(ERNR)的过程。
爱尔兰智障人士代表性组织制定的指导方针和国际实践范例被用于由主要研究人员与智障人士代表性组织的专家合作制定 ERNR 草案。此后,通过两个焦点小组来制定 ERNR,重点是实现无障碍、准确性和布局方面的共识。这包括一个多学科焦点小组,参与者来自智障人士代表性组织、心理学、言语和语言治疗、警察部队、公共卫生、法医精神病学、心理健康、法律,随后是一个有智障人士生活经验的焦点小组。
ERNR 的逐步发展导致文本准确性的逐步提高,同时还包括更易读的语言和图像。
原创性/价值:这是爱尔兰首次尝试制定与警方拘留嫌疑人的法律权利有关的易读文件,因此,这一程序创新有望不仅为智障人士,而且为在被捕时识字能力有限的人提供帮助。在编写文件过程中使用的方法,即通过焦点小组达成共识,让多学科和智障人士参与,与《残疾人权利公约》的精神一致。这种方法可被其他已批准公约但尚未为其国内法下被捕人员制定无障碍法律权利和应享待遇的成员国采用。