The Commission on Human Rights (CHR) lauds the recent ruling of the Supreme Court (SC), advocating for the use of people-first language and reaffirming that persons with intellectual disabilities are competent to testify in court. As the country’s independent national human rights institution, we believe that inclusive approaches are crucial for reforming the justice system to effectively integrate a human rights-based perspective into our legal framework.
The principle of non-discrimination is a cornerstone of international human rights law. The SC’s decision ensures that persons with intellectual disabilities are not unfairly excluded from judicial processes due to stereotypes or biases about their abilities. Instead, it evaluates their testimony based on clarity, coherence, and relevance.
Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) affirms that persons with disabilities have the right to recognition as persons before the law. By providing mechanisms and opportunities to support the testimonial competence of individuals with intellectual disabilities, the Court recognizes their agency and their role as active participants in the judicial process.
The UN has likewise established the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, emphasizing the need to ensure an “equalization of opportunities” in society. This entails making various systems and social services accessible to everyone, particularly persons with disabilities, to guarantee their full and equal participation as part of the citizenry.
Furthermore, the advocacy for the use of People-First Language (PFL), which places the individual before their disability, reflects a profound respect for their dignity. While we are cognizant of the public’s prejudices, it does not diminish the importance of recognizing their rights and values, particularly in guaranteeing the enjoyment of their fundamental freedoms.
Language shapes perception, and by emphasizing the person before the disability, harmful stereotypes that hinder persons with disabilities from effectively participating in public discourse, are challenged.
It is essential to recognize that reforming our legal processes to provide better access to justice for persons with intellectual disabilities is fundamentally a human rights issue. After all, a justice system that is synchronized with our democratic principles is one that upholds the rights of all individuals, and its effectiveness should be measured by how well it serves all sectors of society.
While we acknowledge that this is a step forward in safeguarding the rights of persons with intellectual disabilities, it is important that we strive to employ inclusive strategies in all aspects of society to fully recognize and respect their inherent dignity. This includes better opportunities for education, employment, and social protection.
We urge all stakeholders, particularly the legal community, policy makers, and the general public, to embrace and implement a progressive approach to ensure that persons with disabilities are fully included and respected in every sphere of life. ###