Access to justice for people with disabilities: the experience of Ukraine and Germany

Abstract

The relevance of researching this issue stems from the fact that the right to access justice is guaranteed by the Constitution of Ukraine to every person, including persons with disabilities. However, in practice, the implementation of this right guaranteed by the Basic Law of Ukraine faces a number of significant obstacles. First and foremost, these are physical barriers related to the lack of real opportunities for persons with disabilities to freely access court premises. Communication barriers also pose a significant problem, as judges and court staff often lack the special skills needed to communicate effectively with persons who have hearing or visual impairments or other special needs. Legal barriers are no less important, as a significant proportion of persons with disabilities do not have sufficient knowledge of how to exercise their right to go to court.

All these circumstances demonstrate the urgent need for profound reform of the legal institution of access to justice for persons with disabilities at the level of Ukrainian national legislation. In order to find ways to overcome these barriers, the author examines the positive experience of the Federal Republic of Germany. This country has achieved certain successes in this area. An analysis of the strategy for the digitization of justice, as well as the Federal Law on Equal Opportunities for Persons with Disabilities, makes it possible to formulate a number of proposals, the implementation of which could significantly improve public administration in the field of ensuring access to justice for persons with disabilities in Ukraine. First and foremost, this involves changing the concept of public administration in this area, within which the needs of private individuals who go to court, including the needs of persons with disabilities, should be given priority. In addition, it involves establishing specific measures at the level of state policy strategy and tactics in this area, aimed at overcoming physical, communication and legal barriers that prevent persons with disabilities from accessing justice. It is advisable to borrow from Germany’s experience a comprehensive approach to ensuring access to justice for persons with disabilities. This approach covers not only the possibility to file a lawsuit or represent one’s interests in court, but also provides primary legal assistance to persons who apply to the court, as well as access to various state registers. This, in turn, makes it possible to obtain the necessary evidence to substantiate the claims that a person with a disability brings before the court.