Disability, whether physical or mental, shall not be an excuse for discriminatory treatment. Everyone has dignity and respect, regardless of where they come from, what they do, what their physical and mental condition is, what their family belongs to, or what their economic and social status is. Because these are secondary characteristics that change, but humanity and dignity are not transitory and remain.
According to the Universal Declaration of Human Rights, persons with disabilities, like any other human being, have the right to access courts, trials and justice for the purpose of protecting all rights granted to them under the Constitution or other applicable laws. According to the Covenant on Civil and Political Rights, everyone has the right to access to justice in the event of a violation of any right, and everyone is equal before the law. Article 13 of the Convention on the Rights of Persons with Disabilities emphasizes that the state must take measures to facilitate access to justice for persons with disabilities. Also, and according to the same article, work must be done to ensure that those involved in the judicial administration, such as police and prison staff, are properly trained and aware of this. At the same time, all other human rights, such as liberty and security of the person, non-discrimination and recognition before the law, freedom from exploitation and respect for privacy and private life, are also the rights of people with disabilities.
According to the Iraqi Law on the Care of Persons with Disabilities No. 38 of 2013, 5% of the total public sector employees and 3% of the private sector employees must be among the disabled persons. There are about 1.5 million disabled people in Iraq and 96,000 in the Kurdistan Region. For the same purpose, law No. 22 of 2011 has been passed in the Kurdistan Region. However, in most countries, including Iraq and the Kurdistan Region, these people may face some barriers to accessing justice. These include legal barriers, when their rights are not adequately enshrined in law; attitudinal barrier when judges, police and lawyers do not know how to treat these people without disrespect and insult; information and communication barriers, when these people themselves are not aware of their rights and do not know when their rights are being violated; physical barriers, when the material or architectural environment of the relevant institutions such as courts, police stations and hospitals is not such as to facilitate their movement and use by such persons; and economic barriers, such as dropout, poverty, and lack of job opportunities as provided for in the laws, because without adequate job opportunities, it becomes difficult to bear some justice-related expenses, such as lawyers' fees, medical and laboratory fees, and conciliation fees on cases, or any other kind of judicial procedure that requires finance.
Unfortunately, some people with disabilities are deprived of their rights more than once and for more than one reason. For example, if she is a child, female, and disabled. Therefore, a comprehensive review of the country's laws and justice system is an urgent need to ensure the rights of all, including the rights of the disabled.