WITNESSES WITH COMMUNICATION DISABILITIES

A Comparative Study to Identify Good Practice in Enabling Vulnerable Witnesses with Communication Disabilities to Give Evidence Prior to a Trial



Abstract

If you are asked to be a witness in a trial or hearing in court, you play a vital part in delivering justice. By making a solemn promise to tell the truth and by giving your evidence in court, you make it possible for the magistrates (or the judge and jury if you are called to be a witness in the Crown Court) to understand what really happened. Before the courts can find someone guilty or not guilty of a crime, they need to hear and consider the evidence - and witnesses are the people who provide the evidence.

Table of Content

Abstractii

CHAPTER 01: INTRODUCTION1

Project Description1

Background1

Purpose1

Aim2

Objectives2

Limitations and Suggestion for Future Research3

Assumptions & Limitation3

Reliability4

Validity4

Ethical Concerns5

Theoretical Framework: Easing Communication for Vulnerable Witnesses6

CHAPTER 02: LITERATURE REVIEW11

RELEVANT LAW11

International Human Rights Instruments11

Universal Declaration of Human Rights 194811

Article 113

Article 213

Article 313

Article 513

Article 613

Article 714

Article 814

Article 1214

Article 1814

Article 2514

Article 2815

Article 2915

Article 3015

European Convention for the Protection of Human Rights and Fundamental Freedoms 195015

Article 11 - Obligation to respect human rights16

Section I - Rights and freedoms16

Article 21 - Right to life16

Article 32 - Prohibition of torture17

Article 41 - Prohibition of slavery and forced labour17

Article 51 - Right to liberty and security17

Article 63 - Right to a fair trial19

Article 74 - No punishment without law19

Article 81 - Right to respect for private and family life20

Article 91 - Freedom of thought, conscience and religion20

Article 101 - Freedom of expression20

Article 115 - Freedom of assembly and association21

Article 121 - Right to marry21

Article 131 - Right to an effective remedy22

Article 141 - Prohibition of discrimination22

Article 151 - Derogation in time of emergency22

Article 161 - Restrictions on political activity of aliens23

Article 176 - Prohibition of abuse of rights23

Article 181 - Limitation on use of restrictions on rights23

Section II7 - European Court of Human Rights23

Article 19 - Establishment of the Court23

Article 20 - Number of judges24

Article 21 - Criteria for office24

Article 22 - Election of judges24

Article 23 - Terms of office24

Article 24 - Dismissal25

Article 25 - Registry and legal secretaries25

Article 26 - Plenary Court25

Article 27 - Committees, Chambers and Grand Chamber26

Article 28 - Declarations of inadmissibility by committees26

Article 29 - Decisions by Chambers on admissibility and merits26

Article 30 - Relinquishment of jurisdiction to the Grand Chamber27

Article 31 - Powers of the Grand Chamber27

Article 32 - Jurisdiction of the Court27

Article 33 - Inter-State cases28

Article 34 - Individual applications28

Article 35 - Admissibility criteria28

Article 36 - Third party intervention29

Article 37 - Striking out applications29

Article 38 - Examination of the case and friendly settlement proceedings29

Article 39 - Finding of a friendly settlement30

Article 40 - Public hearings and access to documents30

Article 41 - Just satisfaction30

Article 42 - Judgments of Chambers30

Article 43 - Referral to the Grand Chamber31

Article 44 - Final judgments31

Article 45 - Reasons for judgments and decisions31

Article 46 - Binding force and execution of judgments31

Article 47 - Advisory opinions32

Article 48 - Advisory jurisdiction of the Court32

1.The Court shall decide whether a request for an advisory opinion submitted ...