Author: Jalasa Sapkota
Published: 2025/05/21
Publication Type: Opinion Piece, Editorial
Topic: Disability Discrimination – Publications List
Page Content: Synopsis – Introduction – Main – Insights, Updates
Synopsis: This report, based on a national study conducted by the National Human Rights Commission of Nepal and the National Federation of the Disabled-Nepal with support from CBM Global, offers a rare and detailed investigation into the systemic injustices faced by persons with disabilities in accessing Nepal’s justice system. Spanning all seven provinces, the study uncovers how structural inaccessibility, entrenched biases among legal professionals, and procedural failures systematically deny people with disabilities – especially women, children, and those with intellectual or psychosocial impairments – their legal rights. Of particular interest to scholars, policymakers, advocates, and individuals with disabilities, the report provides crucial evidence where little existed before. It highlights the disparity between Nepal’s legal commitments and on-the-ground practices, and offers province-specific recommendations to improve accessibility, representation, and procedural fairness. This information is not only academically valuable but has practical implications for reform efforts that could directly benefit vulnerable populations, including seniors and those with disabilities, by promoting equitable access to justice – Disabled World (DW).
Introduction
National Study Reveals Systemic Injustices Blocking Persons with Disabilities from Legal Access
A 2022 national study jointly conducted by the National Human Rights Commission (NHRC) of Nepal and the National Federation of the Disabled-Nepal (NFDN), with support from CBM Global, has exposed the deep-rooted barriers that continue to prevent persons with disabilities from fully accessing justice in Nepal.
Titled A Study on Identifying Barriers to Accessing Justice for Persons with Disabilities, the research spans across all seven provinces and documents a complex web of structural, attitudinal, and procedural obstacles that deny persons with disabilities – particularly women and children – their legal rights.
Focus
Why This Research?
Despite constitutional guarantees and Nepal’s commitment to international human rights instruments such as the CRPD, persons with disabilities continue to face systemic exclusion from the justice system – a reality that has largely gone undocumented due to a critical lack of research. Previous studies and government reports have seldom captured the multifaceted barriers – ranging from inaccessible infrastructure to discriminatory attitudes – that hinder the legal empowerment of persons with disabilities, especially women, children, and those with intellectual or psychosocial impairments. This study, therefore, plays a crucial role in uncovering and validating these lived experiences, generating evidence-based advocacy, and guiding the development of inclusive legal frameworks and practices that truly reflect the rights and needs of persons with disabilities across Nepal.
A Web of Barriers: Structural, Attitudinal, and Procedural
Among the most critical findings is the widespread lack of accessible infrastructure in police stations, courtrooms, and detention facilities. Many legal buildings remain inaccessible to wheelchair users, lacking ramps, elevators, or wide doorways. In one documented case, a woman who uses a wheelchair was unable to attend multiple court hearings simply because the district court lacked basic access features.
The study also reveals pervasive attitudinal barriers within Nepal’s justice system. Law enforcement officials and legal professionals often dismiss or undervalue complaints made by persons with intellectual or psychosocial disabilities, labeling them as “unreliable.” People with hearing impairments are frequently stereotyped as incapable of understanding or participating in legal procedures.
Procedural barriers further deepen exclusion. Courts and police stations rarely have sign language interpreters, and essential information and documents are not available in Braille or other accessible formats. Accessible complaint mechanisms are also lacking. For instance, a deaf woman was unable to file a First Information Report (FIR) due to the absence of an interpreter, resulting in a delay of several months in accessing justice.
In addition, the transitional period during legal proceedings poses further challenges. Many individuals, particularly woman with disabilities lack financial resources for rehabilitation, and the absence of temporary shelters and weak economic conditions make the situation even more difficult. Limited family support further increases vulnerability during this time, compounding the barriers to justice and recovery.
The Gap Between Law and Practice
While Nepal has made commendable legal commitments – its Constitution guarantees equality and justice for all, and it is a signatory to the UN Convention on the Rights of Persons with Disabilities – the study underscores a troubling disconnect between these legal promises and on-the-ground realities. Survivors of violence, particularly women and girls with disabilities, often remain silent due to inaccessible legal procedures, fear of stigma, and a lack of trust in the system.
Data That Demands Urgent Action
What sets this study apart is its collaborative and inclusive methodology. While the NHRC provided institutional leadership, the NFDN led grassroots consultations, centering the voices and lived experiences of persons with disabilities. This co-ownership has already led to concrete outcomes. The NHRC’s Sixth Strategic Plan (2021-2026) now prioritizes access to justice for persons with disabilities. Likewise, Organizations of Persons with Disabilities (OPDs,) and legal actors have initiated inclusive legal awareness programs, police training sessions, and dissemination of accessible legal information.
General and Cross-Cutting Recommendations
The study concludes with urgent national-level recommendations to reform Nepal’s justice system:
- Implement the CRPD Committee’s recommendations without delay.
- Amend existing laws and policies to ensure full and effective access to justice.
- Ensure accessibility in complaint registration, FIR filing, and court hearing procedures.
- Train justice sector personnel – including police, lawyers, and court staff – on disability rights and accessibility.
- Improve the collection and use of disaggregated data on disability to inform justice sector reforms.
Province-Specific Recommendations
To ensure context-specific justice reforms, the study also offers specific recommendations for each province:
Koshi Province
Construct accessible infrastructure in courts and police stations. Train police officers, court officials, and local government personnel on disability rights. Provide sign language interpretation during judicial proceedings. Develop inclusive legal aid mechanisms. Raise community-level awareness about the legal rights of persons with disabilities.
Madhesh Province
Ensure physical accessibility in district administration and court buildings. Deploy mobile legal services for remote and underserved areas. Provide trained sign language interpreters in police stations and courts. Incorporate disability perspectives into local justice mechanisms. Engage OPDs in monitoring accessibility standards.
Bagmati Province
Launch accessible digital portals for legal services. Enforce mandatory accessibility standards in public and judicial buildings. Promote inclusive justice at municipal and ward levels. Provide specialized training for legal aid lawyers. Collaborate with local governments on inclusive mediation programs.
Gandaki Province
Disseminate simplified legal information in Braille, audio, and easy-to-read formats. Conduct disability inclusion audits in courts and administrative offices. Set up legal help desks in partnership with OPDs. Facilitate accessible transport to legal service centers. Promote the inclusion of persons with disabilities in judicial advisory bodies.
Lumbini Province
Install tactile guiding paths and ramps in justice sector buildings. Train judges and court staff on CRPD compliance. Strengthen coordination between local government and OPDs for legal support. Develop multilingual and accessible complaint systems. Integrate accessibility indicators into governance performance evaluations.
Karnali Province
Establish mobile justice units for remote mountainous areas. Mandate accessibility in infrastructure budgets and tenders. Offer incentives to lawyers and service providers supporting persons with disabilities. Conduct targeted outreach to marginalized disability groups. Ensure legal forms are accessible in local languages and formats.
Sudurpaschim Province
Operationalize free legal aid programs for women and children with disabilities. Raise awareness about legal identity and rights through community campaigns. Build capacity of provincial agencies to develop and monitor inclusive policies. Create accessible feedback and grievance mechanisms. Promote cross-sector collaboration across justice, health, and education systems.
Justice Cannot Wait
The findings of the NHRC-NFDN study serve not just as a wake-up call but as a roadmap for disability-inclusive justice reform in Nepal. The systemic exclusion of persons with disabilities from legal protection is not merely a gap – it is a violation of fundamental human rights.
As the report rightly concludes: Justice must not remain a privilege for the few. For persons with disabilities, rights without access are hollow – and the time for change is now.
Editorial Note: The findings of this report serve as a stark reminder that legal rights are meaningless without real access. As Nepal strives to uphold its constitutional and international obligations, the persistent exclusion of persons with disabilities from justice systems reveals a profound human rights challenge. Addressing these entrenched barriers requires not just policy reform but a fundamental shift in societal attitudes and institutional practices. The report’s recommendations offer a practical roadmap, but meaningful change will depend on sustained commitment and collaboration across all levels of government and civil society – Disabled World (DW).
Author Credentials: Jalasa Sapkota is a visually impaired writer, researcher, and advocate for disability inclusion. With a background as a former Research Assistant at Diverse Patterns Limited and now as a Resource Person for the International Council for Education of People with Visual Impairment’s (ICEVI) Gender Equality and Women’s Rights Task Group, she has dedicated her career to advancing the rights and opportunities of persons with disabilities. Visit Jalasa’s biography for comprehensive insights into her background, expertise, and accomplishments.
