The accessibility as an essential factor in the fundamental human right of access to justice

Abstract

Context: For a long time, the debate on the realisation of rights through access to the justice system and, more recently, the reflection on accessibility as a condition for the exercise of rights by persons with disabilities, have been discussed in isolation. Problem: An understanding of access to justice that ignores the issue of accessibility is mistaken because it is incomplete. Objectives: The objective of this study is to highlight the importance, perhaps even the necessity, of accessibility for persons with disabilities in the justice system, demonstrating that, in addition to the obstacles faced by the majority of the population, they encounter barriers imposed by a lack of accessibility. Results: Its lack deepens the inequalities between people with and without disabilities that already exist in our society, which is why it is necessary to advance this debate in order to enable this vulnerable social group to demand the rights that are recognised to them, at least in terms of equal opportunities with people without disabilities. Methods: From a data collection perspective, the research was based on bibliographic and documentary materials, drawing primarily on Brazilian textual production, especially works and articles published in print or on websites. The data collected was analysed using a critical-narrative review. Conclusion: It was concluded that the effectiveness of the fundamental human right of access to justice depends on the recognition of accessibility for persons with disabilities as a fundamental human right.