Lund Disability Human Rights Clinic 2023

1.3 Method and Material of the Report As the report includes the interpretation of international law, the rules of interpretation as outlined in the Vienna Convention on the Law of Treaties [hereinafter VCLT] are applied.10 Given the broad and general nature of the rights outlined in the Convention, the General comments provided by the Committee, albeit not legally binding, serve as guidance to id. [...] In the chapter about access to justice in the administrative system, the analysis is limited to exploring the work of the Swedish Social Insurance Agency and its impact on persons with disabilities in light of Article 13 of the CRPD. [...] The defendant was acquitted by the court of appeal.65 In some cases, the court discussed the behaviour of the child without addressing the possible impact of the disability on the child’s behaviour. [...] 37 The 2020 Chancellor of Justice decision expresses the same view as that of the 2018 Chancellor of Justice decision, namely that it is the responsibility of the defendant’s lawyer to draw the attention of the police, prosecutor and court to whether the client has difficulties understanding the process or what is said during it. [...] The view that it is the responsibility of the legal counsel, not the State, to inform the police and the court if their client has a disability that makes it difficult for them to understand the process, is also in violation of the CRPD’s stipulation in Article 4(1)(e) that the State’s responsibility includes the conduct of private actors.