Legal Advocacy: Lawyers’ Participation in Protecting the Rights of Persons with Disabilities During Criminal Investigations

The rights of persons with disabilities (PwDs) are essentially human rights specifically tailored to accommodate individuals with disabilities, ensuring their equality in exercising their rights. Due to physical or mental impairments, individuals with disabilities often face significant challenges in communication and coordination with investigators to present the details of a case. Investigators, on the other hand, may inadvertently or intentionally limit the exercise of legally stipulated rights for PwDs due to a lack of skills in dealing with specific disabilities. Therefore, during the investigation phase, lawyers must identify violations of the rights of PwDs and propose solutions to ensure that these individuals can fully exercise their rights. Based on the provisions of international conventions related to human rights, the rights of PwDs, and Vietnamese law, as well as the actual practice of protecting the rights of clients with disabilities during the investigation phase of criminal cases, this paper discusses the difficulties faced by PwDs and investigators during the investigation process. It also proposes solutions for each stakeholder (lawyers, investigators, the state) to ensure the rights of PwDs during the criminal investigation phase. These solutions aim to uphold the humanitarian and strict principles of both international and national laws concerning PwDs in the criminal justice system in Vietnam.