Investigating the impact of the social model of disability on access to justice for persons with disabilities, and special needs in public institutions in Lesotho

Abstract

Access to justice is a cardinal aspect of human rights which connotes equality of individuals and non-discrimination. There cannot be a just and equitable justice for all, properly so-called, without access to justice. Ideally, access to justice pre-supposes that all individual human beings should have the ability to obtain redresses and/or remedies through the instrumentality of the law, notwithstanding their circumstances of birth or social standing. However, in Lesotho as in much of the developing world, access to justice remains a difficulty for persons with disabilities and special needs. An array of factors ranging from societal attitudes and gaps in the law to governmental and institutional barriers are responsible for this situation. This study investigates the impact of the social model of disability on access to justice for persons with disabilities and special needs in public institutions in Lesotho and examines the nature of the difficulties encountered by these underprivileged persons in accessing justice, such as obtaining a legal practitioner who is conversant in braille and sign language, amongst others