在法庭上为有交流障碍的人提供便利:法律专业学生的观点

IF 1.3 Q4 HEALTH CARE SCIENCES & SERVICES African Journal of Disability Pub Date : 2024-07-08 DOI:10.4102/ajod.v13i0.1385
J. Bornman, Dianah Msipa
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引用次数: 0

摘要

背景:与其他人相比,有交流障碍的人在获得平等诉诸司法的机会方面会遇到障碍。尽管他们普遍遭受暴力和虐待,但在通过法律系统寻求补救时却面临挑战。其中一个障碍是法律从业人员缺乏对适当便利措施的认识,而这些措施将有助于沟通障碍人士有效地参与法庭活动:本研究探讨了法律专业毕业班学生对为有交流障碍的个人提供法庭便利的认识,从而使他们能够在南非法庭上作证。研究结果可为拓展法律专业学生的现有课程提供启发:这项定性研究采用了经过修改的六步骤名义小组技术,参与者(通过滚雪球抽样法确定的六名法律专业学生)就交流障碍人士所需的便利条件进行了讨论,并达成了共识,从而使他们能够在法庭上作证。研究采用主题分析原则对数据进行了分析:研究发现,虽然参与者在本科阶段的法律培训中没有接受过任何有关残疾人权利、司法救助或法庭便利的指导,但他们能够感知并了解到为使沟通障碍者能够作证而为其提供的四种主要法庭便利:结论:尽管没有接受过正式的残疾法教育,法律专业毕业班学生还是了解法庭便利:贡献:建议在本科阶段纳入残疾人权利和法庭便利的内容,以确保律师在执业时掌握确保交流障碍者获得司法保护的知识。
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Accommodating persons with communication disabilities in court: Perspectives of law students
Background: Individuals with communication disabilities encounter obstacles in attaining equal access to justice compared to others. Despite experiencing widespread violence and abuse, they come across as challenges in seeking remedies through the legal system. One barrier is the lack of awareness among legal practitioners regarding suitable accommodations that would facilitate effective participation in court for individuals with communication disabilities.Objectives: This study explores the awareness of final-year law students concerning court accommodations available for individuals with communication disabilities, allowing them to testify in a South African court. The findings can serve as inspiration for expanding the current curriculum for law students.Method: This qualitative study used a modified six-step nominal group technique whereby participants (six law students identified through snowball sampling) generated, discussed and reached a consensus on accommodations needed by individuals with communication disabilities, enabling them to provide testimony in court. Data were analysed using thematic analysis principles.Results: The study found that although participants had not received any instruction on disability rights, access to justice or court accommodations during their legal training at the undergraduate level, they were able to perceive and learn about four main types of court accommodations for persons with communication disabilities to enable their testimony.Conclusion: Final-year law students are aware of court accommodations despite not having received formal instruction in disability law.Contribution: The inclusion of disability rights and court accommodations is recommended at the undergraduate level to ensure that when in practice, lawyers have knowledge on ensuring access to justice for persons with communication disabilities.
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来源期刊
African Journal of Disability
African Journal of Disability HEALTH CARE SCIENCES & SERVICES-
CiteScore
2.10
自引率
5.90%
发文量
50
审稿时长
20 weeks
期刊介绍: The African Journal of Disability, the official journal of CRS, AfriNEAD and CEDRES, introduce and discuss issues and experiences relating to and supporting the act of better understanding the interfaces between disability, poverty and practices of exclusion and marginalisation. Its articles yield new insight into established human development practices, evaluate new educational techniques and disability research, examine current cultural and social discrimination, and bring serious critical analysis to bear on problems shared across the African continent. Emphasis is on all aspects of disability particularity in the developing African context. This includes, amongst others: -disability studies as an emerging field of public health enquiry -rehabilitation, including vocational and community-based rehabilitation -community development and medical issues related to disability and poverty -disability-related stigma and discrimination -inclusive education -legal, policy, human rights and advocacy issues related to disability -the role of arts and media in relation to disability -disability as part of global Sustainable Development Goals transformation agendas -disability and postcolonial issues -globalisation and cultural change in relation to disability -environmental and climate-related issues linked to disability -disability, diversity and intersections of identity -disability and the promotion of human development.
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