Access to justice for persons with disabilities and older adults: a matter of equality and human dignity

Abstract

Access to justice is a fundamental right that cannot be limited to its formal recognition within legal systems. In practice, persons with disabilities and older adults face multiple barriers that hinder or even prevent the effective exercise of their rights, generating scenarios of exclusion that contradict the principles of equality and human dignity. These barriers are not only physical in nature, but also communicational, economic, procedural, and attitudinal, thus constituting a structural problem that requires a comprehensive analysis.

This article examines this reality from the perspective of human dignity and substantive equality, addressing the Ecuadorian constitutional framework and the main applicable international human rights instruments. It also analyzes relevant jurisprudential developments, highlighting the role of the Constitutional Court in building a rights-based approach aimed at the effective protection of persons in situations of vulnerability.

The main structural barriers affecting access to justice are identified, and particular emphasis is placed on reasonable accommodations as a legal obligation rather than a discretionary concession, since they constitute an essential mechanism for ensuring effective judicial protection under conditions of equality. Additionally, an intersectional approach is incorporated to better understand the complexity of vulnerability, especially when factors such as age, disability, and socioeconomic conditions converge.

Finally, the article proposes lines of action aimed at strengthening public policies, enhancing the training of justice operators, and promoting institutional transformation within the judicial system, with the objective of advancing towards a justice model that is more accessible, inclusive, sensitive, and person-centered, capable of guaranteeing the real and effective exercise of rights.