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Articles (academic or newspaper)
WHO, Empower children and young people with intellectual disabilities, EUR/51298/17/PP/7 (1 November 2010)
available at
http://www.euro.who.int/__data/assets/pdf_file/0003/126570/e94430.pdf
(last accessed 5 January 2015)
This article discusses the background of priority seven of the WHO’s European Declaration the Health of Young People with Intellectual Disabilities and Their Families. The paper considers what actions are needed to effectively empower children with intellectual disabilities to be included in decision-making.
WHO, European Declaration on the Health of Young People with Intellectual Disabilities and Their Families, EUR/51298/17/6Bucharest, Romania (26 November 2010)
Available at
(last accessed 5 January 2015).
Although it is a declaration on health, the document incorporates principles that are important to ensuring access to justice for children with intellectual disabilities – such as the priority for action that calls for the empowerment of children with intellectual disabilities to “contribute to decision making about their lives.”
Also available in easy-to-read format
http://www.euro.who.int/__data/assets/pdf_file/0004/128875/e94557.pdf?ua=1
UNICEF, Opening of specialized Child-Friendly hearing facility in the town of Sliven, (22 January 2015)
Available at
(accessed last 2 March 2015)
This article discusses a child friendly hearing facility that was opened in Bulgaria. The article explains the rationale behind the facility and the different child friendly mechanisms in place.
UNICEF, Fact Sheet: The Right to Participation
Available at
http://www.unicef.org/crc/files/Right-to-Participation.pdf
(last accessed 25 February 2015)
This is a short fact sheet explaining a child’s right to participation. It looks specifically at how participation must reflect a child’s evolving capacity, involve no pressure or manipulation as well as how participation is a gateway to other rights.
Lucy Series, ‘Legal Capacity and Participation in Litigation: Recent Developments in the European Court of Human Rights’ in Gerard Quinn, Lisa Waddington and EilionoirFlyn (eds) 5 European Yearbook on Disability Law 103
This article examines the intersection between Article 12 (legal capacity) in the context of adults with intellectual and psychosocial disabilities and Article 13 (access to justice) of the Convention on the Rights of Persons with Disabilities and how the European Court of Human Rights have impacted on and defined this intersection.
Maria Ruegger, ‘Seen and heard but how well informed? Children’s perceptions of the guardian ad litem service.’ 5 Children and Society 3, 133 (June 2001)
Ruegger examines interviews with children involved in legal proceedings who had access to guardians ad litem GAL. The paper looks at children’s feelings about the proceedings as well as how much information they were given about the proceedings and the GAL.
John Robins, ‘Access to Justice is a Fine Concept, but what does it Mean in View of Cuts to Legal Aid’ The Guardian, 6 Oct 2011
Available at
http://www.theguardian.com/law/2011/oct/06/access-to-justice-legal-aid-cuts
This is a newspaper article which focuses on the potential impact of cuts to legal aid in the UK on access to justice.
Sir Mark Potter, ‘The Voice of the Child: Children’s ‘rights in Family Proceedings’ The Family in Law 2 (2008)
available at
http://www.mishpat.ac.il/files/650/2911/3605/3606.pdf
(last accessed 18 December 2014).This article explores how international laws and rights of children impact on family law. Although drawing in part from UK law the article looks at how children may be facilitated to participate in family law proceedings.
Joan Petersilia, ‘Crime Victims with Developmental Disabilities a Review Essay’ 28 (6) Criminal Justice and Behaviour 655 (2001)
This article explores why children and adults with developmental disabilities are more likely to be victims of crimes that people without developmental disabilities. The article also looks at how such victims are treated by law enforcement officers and proposes changes to prevent victimization and ensure that victims with developmental disabilities receive adequate justice.
Stefanie Ortoleva, ‘Inaccessible Justice: Human Rights, Persons with Disabilities and the Legal System’, 17 ILSA Journal of International & Comparative Law, NO. 297 (2011)
This article defines access to justice and what access to justice means for people with disabilities. The article also explores ways in which the CRPD and other international conventions and treaties create rights of access to justice.
Mike Oliver, ‘The social model of disability: thirty years on’, 28 Disability and Society7, 1024 (2013)
This short article is a reflection by Oliver on the impact of the social model which includes a brief and accessible explanation of the social model of disability.
Linda Mulcahy, Architects of Justice: The Politics of Courtroom Design, 16(3) Social and Legal Studies, 383 (2007). Available at (last accessed 18 December 2014)
This article looks at how the physical construction of the courtroom can create an environment that inherently creates barriers to access to justice. The article also discusses the importance of the function of the public trial and how the construction of the courtroom can also limit that.
Jenny Morris, ‘Care or Empowerment? A Disability Rights Perspective,’ 31 (1)Social Policy and Administration 54 (1997)
This paper advocates a disability rights perspective in social work that would shift the role of social workers from one of carers to supports that work to empower people with disabilities to access their rights.
Scott J. Modell and Suzanna Mak, ‘A preliminary assessment of police officers’ knowledge and perceptions of persons with disabilities’ 46 (3) Intellectual and Developmental Disabilities (2008)
This article explores how police officers understand disability and view people with disabilities in order to better identify barriers victims with disabilities face in accessing justice.
Wendy Mitchell, Anita Franklin, Veronica Greco and Margaret Bell, ‘Working with children with learning disabilities and/or who communicate non-verbally: research experiences and their implications for social work education, increased participation and social inclusion’, Social Work Education, 28, 3, 309-324, 320 (2009)
Available at
http://eprints.whiterose.ac.uk/11165/1/SWEd_-_communicate_non-verbally.pdf
(last accessed 4 March 2015).
This article looks at the ability of talking mats to further real participation of children who are nonverbal.
Judith McBride and Glynis H. Murphy, ‘Police and carers’ views on reporting alleged offences by people with intellectual disabilities’ 12(2) Psychology, Crime & Law 127 (2006)
This article reports on a survey undertaken by researchers that was given out to residential home carers and police officers to see if they were more likely to report a crime if it was undertaken by a staff member or a resident with an intellectual disability. The study found that carers were less likely to report crimes if the perpetrator had an intellectual disability.
Hyung Shik Kim, ‘UN Disability Rights Convention and Implications for Social Work Practice’, 63 Australian Social Work,1, 103 (March 2010)
This article is written for social workers and briefly explains the history of the CRPD, the influence of human rights documents on social work and how the CRPD impacts social work practice.
Jan Hoffman, In Interrogations, Teenagers Are Too Young to Know Better, New York Times (13 October 2014)
Available at
http://well.blogs.nytimes.com/2014/10/13/in-interrogations-teenagers-are-too-young-to-know-better/
(last accessed 16 October 2014).
Although US-based, this article illustrates the social developmental reasons why teenagers should not be interrogated as adults. It also investigates how parental presence often is not helpful in ensuring that teenagers protect and assert their rights.
Meg Heron-Blake, Gaining Rapport in Child Interviews, Learning Disability Association of Illinois
Available at
(last accessed 6 February 2015).
This article provides a brief overview of the concepts and literature related to rapport building for the purpose of interviewing children.
Bragi Gubrandsoon, ‘Under One Roof- Towards the best interest of the child in cases of child sexual abuse’ Council of Europe
Available at
http://www.coe.int/t/dghl/standardsetting/childjustice/Iceland good practices.pdf
(accessed last 25 February 2015).
Frances Gibson, ‘Article 13 of the Convention on the Rights of Persons with Disabilities-a right to legal aid?’,Australian Journal of Human Rights 123 (2010)
Available at
http://www.austlii.edu.au/au/journals/AJHR/2010/5.pdf
(last accessed 18 December 2014).
This article explores how article 13 of the Convention on the rights of persons with disabilities places obligations on countries to provide legal representation and legal aid to persons with disabilities.
Bryant Garth and Mauro Cappelletti, ‘Access to Justice: the Newest Wave in the Worldwide Movement to Make Rights Effective’, 27(2) Buffalo Law Review (1978), 181
Available at
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2140&context=facpub
(accessed last 3 March 2015).
This article is an early article that looks at the early legal reforms and theories that make up the concept of access to justice.
Michael Freeman, ‘Why It Remains Important to Take Children’s Rights Seriously,’ 15 International Journal of Children’s Rights 1 (2007)
This article provides a good overview of the conflicts within children’s rights and the history of the movement. Within the article he discusses how to best balance the voice of the child within the best interest approach and the meaning of the term ‘evolving capacity.
Anita Franklin and Patricia Sloper, Supporting the Participation of Disabled Children and Young People in Decision-making, Working Paper No. ART 2303(2009)
Available at
http://eprints.whiterose.ac.uk/5228/1/PartDec08.pdf
(last accessed 6 February 2015).
This article looks at good practice examples for facilitating the participation of children with disabilities in decision making.
Eilionoir Flynn and Anna Lawson, ‘Disability and Access to Justice in the European Union: Implications on the Convention on the Rights of Persons with Disabilities,’ in Gerard Quinn, Lisa Waddington and Eilionoir Flynn (eds) 4 European Yearbook of Disability Law 7 (2013)
This article breaks down the different components of access to justice and determines the origins in international law of these different components of access to justice. It draws attention to the emphasis placed by the CRPD of participation and applies this to the access to justice context.
Eilionoir Flynn, ‘Making human rights meaningful for people with disabilities: advocacy, access to justice and equality before the law,’ 17(4) International Journal of Human Rights 491 (2013)
This article promotes the establishment of advocacy systems that are created with an underlying basis of human rights as a means of promoting access to justice for people with disabilities.
Mary Dickens, Listening to young disabled children, Young Children’s Voices Network (2011)
Available at
http://www.ncb.org.uk/media/74024/listening_to_young_disabled_children.pdf
(last accessed 6 February 2015).
This article discusses the importance of listening to young children with disabilities and gives examples of good practice such as communication guide.
Elizabeth Depoy and Stephen Gilson, ‘Social Work Practice with Disability: Moving from the Perpetuation of a Client Category to Human Rights and Social Justice’, 5 Journal of Social Work, Values & Ethics, 3 (2008)
Available at
http://www.jswvearchives.com/content/view/103/66
(last accessed 18 December 2014).
This article looks at the evolution of disability theory and how the theoretical evolution must be incorporated into current social work practices and how that may be done.
Martha F. Davis , ‘Access and Justice: The Transformative Power of Pro Bono Work,’73 (3) Fordham Law Review, 903 (2004)
Available at
http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4040&context=flr
(last accessed 18 December 2014).
This article explores how pro bono lawyers can increase access to justice while at the same time expanding the definition of access to justice to incorporate principles of substantive justice.
Kimberle Crenshaw, ‘Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color,’ 43 Stanford Law Review 1241 (July 1991)
Available at http://socialdifference.columbia.edu/files/socialdiff/projects/Article__Mapping_the_Margins_by_Kimblere_Crenshaw.pdf
(accessed last 25 February 2015)
This article introduces the concept of intersectionality and would be useful to anyone interested in ain a deeper exploration of the concept and its roots.
CHANGE, Areas of work, Criminal Justice
http://www.changepeople.org/areas-of-work/criminal_justice/
(last accessed 3 March 2014).
This very brief article discusses a DPO (CHANGE) and their work with the criminal justice system in order to make it more accessible to people with intellectual disabilities.
Judith Cavit and Patricia Sloper, ‘Participation of disabled children in individual decisions about their lives and about service development, 18 (4) Children & Society 278 (2004)
This article includes a literature review on articles that studied the participation and inclusion of the views of children with disabilities in decisions about their lives. The article also includes recommendations of measures that will increase participation of children with disabilities in decision-making.
Richard Beaulaurier and Samuel H. Taylor, ‘Social Work Practice with People with Disabilities in the Era of Disability Rights’, 32 Social Work in Health Care, (4) (2001)
Although written from a U.S perspective this article looks at the emergence of the disability rights movement and how that impacts the field of social work and social workers.
Article 29 Data Protection Working Party, Opinion 2/2009 on the protection of children’s personal data (General Guidelines and the special case of schools),398/09/EN WP 160 (11 February 2009)
This opinion gives guidelines on data protection for children’s data that draws on EU data protection laws as well as UN conventions.