Access to Justice for Persons with Complex Communication Needs

Paper presented at the ISAAC Conference in Dusseldorf, Germany 2006

Mary Blake Huer, California State University at Fullerton, United States Diane Bryen, Temple University, Philadelphia, United States Keren Yaniv, Bizchut - The Israel Human Rights Center for People with Disabilities, Jerusalem, Israel Na’ama Lerner, Bizchut - The Israel Human Rights Center for People with Disabilities, Jerusalem, Israel Tsivia Wajsberg, Bizchut – Due Process Project of the Israel Human Rights Center for PWD. Jerusalem, Israel Fiona Given, Lawyer, North Ryde, Australia

Introduction

Persons with complex communication needs (PWCCN) have historically been denied full access to participation within systems for justice because of communication issues. The court systems have an oral tradition that is entrenched and centered on the spoken word (Given, 2004). PWCCN are typically not verbal communicators, and may not have access to a communication assistant. PWCCN often require some kind of support when communicating with unfamiliar communication partners. The nature of the rules and processes within legal systems typically do not foster inclusion for PWCCN. Legal vocabulary is not always available within AAC devices. Graphic symbols need to be selected to depict particular messages. Techniques and strategies for communication through AAC are often not acceptable for making discovery and testimony. Time constraints are inherent throughout legal procedures. This seminar will challenge the historical practices of exclusion of PWCCN. Attitudes and perception of disability in societies shape standards for capacity for communication within justice systems. The purposes of this seminar are toward inclusion: (a) to discuss the structure of the justice system, (b) report actual cases of PWCCN who have been involved in various legal procedures, and (c) introduce training strategies and practice initiatives toward a goal of ensuring better access to and participation within legal systems by PWCCN in the future.

Case Examples

Several case examples will be presented. Issues pertaining to various phases of legal procedures will highlight the problems for access to justice for PWCCN. For example, case examples will include: (a) describing the experiences of an individual diagnosed with schizophrenia who reported abuse, (b) preparations for a court appearance by an individual with intellectual disabilities, (c) a challenge to the ‘independence’ of a communicator who was utilizing an AAC device for communication, (d) establishing reliability of messages conveyed by individuals with Cerebral Palsy, and (e) consideration of testimony of people with developmental disabilities. An assessment protocol will be introduced to illustrate the increasing importance of preparation in advance of court proceedings. Professionals’ ‘language’ and methods for documenting and preparing messages by PWCCN will be reviewed. Witnesses learning to report events in a reliable and credible manner will be highlighted. Instructions to service providers, regarding knowing how to proceed, describing an individual’s condition and level of functioning, and documenting potential evidence will be outlined.