The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The Right of Persons with Disabilities to Fair Judicial Processes in Islamic Jurisprudential Teachings and International Law

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Department of Human Rights and Environmental Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2 Assistant Professor, Department of Islamic Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
Today, the rights of persons with disabilities mainly require positive measures by the government in the sense of sovereignty, and due to the various paradigms governing this domain of human rights and citizenship, these entitlements go beyond mere liberty and are raised in the form of claim-rights against legislative, executive and judicial powers. Among these, certain rights – rather than merely meaning protection by the judicial apparatus – signify the necessity of their provision within judicial proceedings, and the human dignity of persons with disabilities, positive discrimination, and the foundation of grace (imtinān) in Islamic law necessitate a distinct right for persons with disabilities in judicial proceedings. Accordingly, the central issue of the present article is the approach and strategies of human rights law and Islamic law in securing the right of persons with disabilities to fair trial.  This descriptive-analytical study concludes that the provision of rights such as the right to an interpreter, the right to equality and impartiality of the judge in proceedings, the right to file class actions, the participation of persons with disabilities in judicial proceedings, their empowerment in litigation, and changing the language of judicial rulings can guarantee justice in judicial processes concerning persons with disabilities; although the Islamic approach with respect to some of these rights enjoys strong guarantees (such as the right to an interpreter), while in regard to others – such as the right of persons with disabilities to participate in judicial proceedings – it exhibits differences that are not entirely aligned with international law.
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Volume 30, Issue 110
Spring 2025
Pages 113-140

  • Receive Date 22 October 2024
  • Revise Date 19 April 2025
  • Accept Date 18 February 2025