Unfitness to Plead and Indefinite Detention of Persons with Cognitive Disabilities

Access to justice is a cornerstone of modern legal systems. Yet, for many persons with disabilities, systems of justice are largely inaccessible. Human rights law requires equal access to justice for all, including persons with disabilities. In the criminal justice system, laws regarding ‘fitness to plead’ or ‘fitness to stand trial’ raise serious concerns about accused persons with cognitive disabilities potentially being denied equal access to justice. Such laws call into play the rights to a fair trial, liberty, legal capacity and equal recognition before the law.