Chapter 6. The European Convention on Human Rights and the Rights of Persons with Disabilities

Abstract

The European Convention on Human Rights (ECHR) guarantees certain human rights for the benefit of individuals in general within the jurisdiction of the contracting parties. It is established case-law under Article 3 that States are under an obligation to protect the physical and mental health of prisoners and detainees. In ensuring that the right of a fair trial is enjoyed effectively by disabled persons it is submitted that all the necessary facilities for an effective conduct of proceedings on behalf of them and an effective exercise of the right of defence in a criminal case against them should be provided by the State. The Commission considered an application brought by the parents of a child with mental and physical disabilities. By virtue of Article 14, States must secure the enjoyment of all Convention rights without discrimination on any of the listed grounds.Keywords: case-law; Convention rights; European Convention on Human Rights (ECHR); fair trial; physical disabilities