Lack of trust and respect for disabled people UNCRPD Article 16 is about freedom from violence, exploitation and abuse,ҘҘҘ Article 12 is about equality before the law, and Article 13**** about equal access to justice. An identified barrier to the realisation of disabled people’s rights is the lack of credibility accorded to disabled people, particularly when they attempt to disclose abuse. This was recognised by the Abuse in Care Royal Commission of Inquiry142 and acknowledged by police on June 24, 2021, when Detective Superintendent Thomas Fitzgerald, Criminal Investigation Branch director, offered an apology, on behalf of police, for failings to investigate complaints of abuse in the adolescent unit at the Lake Alice Psychiatric Hospital in the 1970s.143 Societal attitudes about disabled people, such as those discussed previously in this report, lead to disabled people who disclose sexual and other violence, being less likely to be believed.144 Problems accessing the criminal justice system include: • significant problems engaging with police, including police attitudes • difficulties gathering evidence sufficient to meet evidential thresholds • demonstrations of prejudice. Compounding this is the lack of training and knowledge about sexual and other violence among staff in disability services and the communication problems146 experienced by some disabled people. Gaps in workforce competence There are no nationally mandated specialised qualifications, competency requirements, or standardised training programmes for people working in the disability and violence sectors. Murphy and Fanslow (2012) noted that even if specific training were to be mandated there is little or no funding for training and high turnover in the sector means it is difficult to retain knowledge and skills. Currently good practice relies on specific individuals’ skills and passion.147 • not being believed • not being perceived as a credible witness • no support-people within the system145 ҘҘҘ States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. 2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, genderand disability-sensitive. 3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities. 4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs. 5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted. **** 1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. 2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff. 42 Human Rights Commission