The International Commission of Jurists (ICJ) and its partners have published a new report, Left to Discretion: Child Victims with Disabilities in the Criminal Justice Systems in Austria, Romania and Serbia, examining how the three justice systems respond to the rights and needs of child victims with disabilities in criminal proceedings.
The report documents that despite formal legal protections, whether children with disabilities can effectively participate in criminal proceedings continues to depend on individual professionals rather than on guaranteed procedures.
Under international human rights law, States have clear obligations to ensure that children, including children with disabilities, can effectively access justice and participate in legal proceedings on an equal basis with others.
“As victims of crime, children with disabilities are rights holders entitled to accessible information, procedural accommodations and communication support in criminal proceedings”, said Karolína Babická, ICJ ECA Senior Legal Adviser. “The gaps documented in the report are widespread and show that, in practice, children with disabilities remain far from accessing justice on an equal basis.”
Across Austria, Romania and Serbia, significant gaps persist in communication and access to information, with legal procedures often explained in complex, technical or otherwise inaccessible ways that do not ensure children’s understanding. Accessible formats, such as Easy-to-Read materials, visual supports and augmentative and alternative communication (AAC), are not established as standard practice, but remain sporadic and rarely tailored to individual needs.
Individual assessments of children’s communication and support needs are seldom carried out in a timely, systematic or comprehensive manner, resulting in delayed, inadequate or inappropriate support. Procedural accommodations are not routinely guaranteed but are instead often left to the discretion of individual professionals, leading to uneven and unpredictable outcomes.
The report also identifies the absence or very limited availability of intermediaries and qualified interpreters, which significantly undermines effective communication.
The report calls for a shift from medical to rights-based, barrier-free approaches to disability across justice systems, with implementation guaranteed in everyday procedures rather than left to individual discretion.
Read the full report here
See also the national baseline reports prepared by partners (available in English and in national languages):
Background information
The Ensuring Access to Intermediaries for Children with Disabilities in Legal Proceedings (ENSURE) project aims to strengthen access to justice for child victims with disabilities in Austria, Romania and Serbia, in line with international and European Union law and standards. Implemented between 2025 and 2027 by the ICJ – European Institutions, together with the Validity Foundation, Terre des Hommes (Romania), the Child Rights Centre (Serbia), and the Ludwig Boltzmann Institute of Fundamental and Human Rights (Austria), the project is dedicated to improving communication with child victims with disabilities in the criminal justice system. It seeks to enhance the capacity of justice and protection professionals, promote multidisciplinary cooperation, and support the development and integration of intermediaries, facilitators and other specialized roles, while fostering the exchange of good practices and raising awareness of the need for disability-inclusive and, child-centred justice systems.
The report draws on empirical research conducted by ICJ partners in Austria, Romania and Serbia. It combines legal analysis with interviews and focus groups involving children, young adults and justice professionals, providing insight into both legal frameworks and lived experiences.
Contact
Karolína Babická, Senior Legal Adviser: karolina.babicka@icj.org
Viktoryia Konashava, Legal Researcher: viktoryia.konashava@icj.org
