UN experts condemned [text] Australia Friday for its laws allowing indefinite detention of intellectually disabled persons facing criminal charges. Under the current law, if a person is found unfit to plead to a charge against them, they may be held in custody for an unspecified amount of time. Such prisoners may not come before a court until they are found to understand the idea of “criminal responsibility.” The legislation, the Criminal Law (Mentally Impaired Defendants) Act 1996 [text, PDF], led to an Aboriginal man being detained for 10 years without having the charges against him determined. Marlon James Noble was conditionally released in 2012. The UN urged Australia to amend its law and provide Noble with, “an effective remedy.” The UN highlighted that Australia has ratified its Convention on the Rights of Persons with Disabilities [materials], requiring each nation to recognize the equal legal rights of disabled people on par with all other citizens.

The promotion of rights for persons with disabilities is a critical issue around the world. Last month the UN released a statement that women with disabilities face discrimination and are often excluded from freely participating in society [JURIST report]. Earlier that month the US Department of Justice (DOJ) filed suit against the state of Georgia alleging the “unnecessary segregation of persons with disabilities in state programs, services, and activities” [JURIST report]. In April the advocacy group Human Rights Watch (HRW) claimed France is failing to provide adequate mental health care [JURIST report] and appropriate conditions for prisoners with psychosocial disabilities.