KATHMANDU: Nepal’s Constitution and the Rights of Persons with Disabilities Act guarantee equal access to justice for women and girls with disabilities, but legal practitioners say these promises often remain unfulfilled in practice.
At a consultation meeting with lawyers from the Kathmandu Valley on Saturday, participants highlighted deep-rooted structural barriers, stigma, and discriminatory attitudes that continue to deny women and girls with disabilities meaningful access to the justice system.
Advocate Dr. Shashinath Marasini said many service seekers cannot reach courts regularly or articulate their cases due to systemic and physical inaccessibility. “Until our justice system is inclusive in process and infrastructure, justice will remain out of reach for many,” he said.
Special Court Bar Association President Advocate Tika Bahadur Kunwar outlined multiple, intersecting barriers: negative perceptions that portray women with disabilities as dependent or incapable, a lack of safe and private spaces for testimony, legal provisions that deny legal capacity, absence of support mechanisms for decision-making, no trauma-sensitive procedures, physical inaccessibility of court buildings, and the lack of sign language interpreters or accessible communication tools.
Senior International Legal Adviser at the International Commission of Jurists (ICJ), Dr. Mandira Sharma, presented the essence of a newly developed national legal guide focused on women and girls with disabilities. The guide is based on victims’ real-life experiences and practical insights from justice sector professionals.
“Without addressing the intersection of gender and disability, access to justice cannot be complete,” Sharma said, noting that international human rights treaties such as CEDAW and CRPD recognize the heightened risk of double discrimination faced by this group.
Mina Poudel of the Nepal Disabled Women Association (NDWA) said ongoing engagement with justice stakeholders has helped draw attention to the multi-dimensional violence risks women and girls with disabilities face.
“Most victims encounter numerous obstacles even before reaching court, especially when attempting to register complaints with the police,” she said, calling for coordinated, multi-sectoral action to ensure their right to justice.
Lawyers at the consultation stressed the need for joint advocacy to reform laws and practices affecting persons with disabilities. Key recommendations included amending provisions that deny legal capacity, ensuring accessible court infrastructure for all, enforcing reasonable accommodations in judicial processes, mandating disability rights and gender-based discrimination training for legal professionals, and strengthening collaboration between lawyers and disability rights advocates.
Participants pledged to work through their respective bar units and maintain continuous engagement with the judiciary to expand access to justice for women and girls with disabilities.
The meeting was organized by the ICJ in collaboration with the Forum for Women, Law and Development (FWLD), the NDWA, and the Special Court Bar Association. It was chaired by Bar President Advocate Tika Bahadur Kunwar and facilitated by Advocate Yubaraj Banjade, with participation from active litigators across various bar units in the Kathmandu Valley.
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