Cases violating CRPD art 12(2) (potential) (1)

Note that committees can record actual or potential violations.

equal legal capacity in all aspects of life

CRPD art 12(2)

Noble v Australia (CRPD, 2016)

Remedy's assessment: Partially remedied

A court decided an intellectually impaired teen facing criminal charges was unfit to plead; he was imprisoned indefinitely without trial. A psychologist determined that with appropriate assistance the author was capable of standing trial, but the charges were dropped owing to insufficient evidence. After 10 years in prison, the man was released on restrictive conditions of unlimited duration and with no avenue of appeal to have them lifted.

The Committee on the Rights of Persons with Disabilities found Mr Noble was denied a fair trial, equal protection under the law, and the support he required to exercise his legal capacity. The Committee found his disability was the ‘core cause’ of his deprivation of liberty, which it deemed arbitrary and a form of inhuman and degrading treatment.

In response, Australia admitted failures, but denied violating Mr Noble’s rights and declined to comply with any of the Committee’s recommendations.

Read more on Noble v Australia.