Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 306-319 |
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Rostami H, Azizi A. The Right to Access Justice for Persons with Disabilities and the Elderly in the Legal Process
(with Emphasis on the Guidelines Approved by the Judiciary in 1402). MLJ 2024; 18 (59) :306-319
URL: http://ijmedicallaw.ir/article-1-1733-en.html
URL: http://ijmedicallaw.ir/article-1-1733-en.html
1- Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Boali Sina University, Hamedan, Iran.
2- Department of Law, Faculty of Law, Theology and Political Science, Shahid Beheshti University, Tehran, Iran.
2- Department of Law, Faculty of Law, Theology and Political Science, Shahid Beheshti University, Tehran, Iran.
Abstract:
Background and Aim: The purpose of this research is to identify the right to access justice for persons with disabilities and the elderly in the legal process and to align it with human rights standards set forth in international documents such as the Convention on the Rights of Persons with Disabilities adopted in 2006 and to express policies and strategies of domestic laws in order to provide practical solutions and suggestions to address legal gaps and to bring it closer to human rights standards.
Method: This article is both practically and descriptively analytical in terms of method; information is collected using library and internet sources and the theoretical discussions and results are presented descriptively and analytically.
Ethical Considerations: In this study, ethical aspects of library research including authenticity of texts, honesty and integrity have been observed.
Results: The findings of this paper indicate that support for persons with disabilities has become a major concern influenced by human rights developments and achievements in recent legislative enactments. Effective steps have been taken towards predicting or enhancing various legal dimensions, leading to the development of the rights of persons with disabilities, which can now be considered an integral part of the process of addressing their rights.
Conclusion: The final outcome of this paper is that despite efforts to align laws with global human rights standards, due to the low level and quality of social capital indicators related to law-making, implementation of supportive policies in this area may face serious challenges. Therefore, optimal implementation of policies for equalizing persons with disabilities with others requires careful evaluation and analysis of policy outcomes in practice and improving the effectiveness of supportive policies and strategies accordingly.
Please cite this article as:
Rostami H, Azizi A, Lashkari Azar S. The Right to Access Justice for Persons with Disabilities and the Elderly in the Legal Process; (with Emphasis on the Guidelines Approved by the Judiciary in 1402). Medical Law Journal. 2024; 18: e21.
Method: This article is both practically and descriptively analytical in terms of method; information is collected using library and internet sources and the theoretical discussions and results are presented descriptively and analytically.
Ethical Considerations: In this study, ethical aspects of library research including authenticity of texts, honesty and integrity have been observed.
Results: The findings of this paper indicate that support for persons with disabilities has become a major concern influenced by human rights developments and achievements in recent legislative enactments. Effective steps have been taken towards predicting or enhancing various legal dimensions, leading to the development of the rights of persons with disabilities, which can now be considered an integral part of the process of addressing their rights.
Conclusion: The final outcome of this paper is that despite efforts to align laws with global human rights standards, due to the low level and quality of social capital indicators related to law-making, implementation of supportive policies in this area may face serious challenges. Therefore, optimal implementation of policies for equalizing persons with disabilities with others requires careful evaluation and analysis of policy outcomes in practice and improving the effectiveness of supportive policies and strategies accordingly.
Please cite this article as:
Rostami H, Azizi A, Lashkari Azar S. The Right to Access Justice for Persons with Disabilities and the Elderly in the Legal Process; (with Emphasis on the Guidelines Approved by the Judiciary in 1402). Medical Law Journal. 2024; 18: e21.
Keywords: Disability, Access to Justice, Guidelines, Persons with Disabilities, Legal Capacity, Human Dignity, Convention
Type of Study: Original Article |
Received: 2023/08/3 | Accepted: 2023/12/6
Received: 2023/08/3 | Accepted: 2023/12/6
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