The Implementation of CRPD Article 13 Access to Justice in Hong Kong: The Experience of the Deaf/Hard-of-Hearing Community

Abstract

China ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2008. Hong Kong, as a Special Administrative Region of China is thus also obligated to implement this treaty. CRPD Article 13 protects the right to access to justice for people with disabilities, including Deaf and Hard-of-Hearing (DHH) individuals. In Hong Kong, research exploring the implementation of CRPD Article 13 in practice is lacking. This study utilizes in-depth interviews and case studies of deaf individuals, a case worker, and a barrister as its methodological approach. It aims to investigate the implementation of CRPD Article 13 within the criminal justice system in Hong Kong through the lived experiences of DHH individuals. The findings of the research suggest that there are significant gaps in the implementation of CRPD Article 13 for DHH individuals in Hong Kong. Institutional, communicative, and attitudinal barriers highlighted in the CRPD are identified in the experiences of DHH individuals with the legal system, indicating an insufficiently comprehensive system to ensure equal rights for DHH individuals.