H. National courts and tribunals
National courts can also play an important role in the implementation and monitoring of the Convention.
- National courts have a role to protect the rights set out in the Convention. While persons with disabilities claiming a violation
of their rights should be able to access national human rights institutions and other mechanisms under article 33, they should
also have the opportunity to seek a legally enforceable remedy through courts.
- National courts have a role in interpreting and applying the Convention nationally. Cases that come before national judges
provide a means of testing the application of the Convention in national circumstances. Judgements can help to clarify what
global standards mean in the national context.
- National courts can complement the article 33 mechanisms. In particular, if a case is particularly important or complicated,
the national mechanism might refer it to the national courts to ensure the fullest consideration as well as a legally enforceable
solution.
As a result of national court cases:
- It is possible to reflect upon areas where progress in the realization of disability rights has been possible as well as problem
areas (particularly where the same complaint arises in several cases);
- Respect for the rights of persons with disabilities is strengthened. Not only does a court case provide a remedy for the complainant,
a court case can often provide the trigger for law reform as well as clarity on the law. In addition, a case supporting disability
rights can help to raise awareness on the rights of persons with disabilities and the Convention. In doing so, similar violations
can be prevented.
The trainer might consider researching national case law to identify disability-related cases. The trainer could provide a
summary of the case and then encourage participants to discuss the various ways in which the judiciary has been able to strengthen
and protect the rights of persons with disabilities.