248 The Constitution under Section 13 (g) charges the State to adopt policies and legislation to enhance the dignity and quality of life of persons with disabilities by providing adequate and suitable access to public places fair opportunities in employment, and the fullest possible participation in all spheres of Malawian society. 249 Section 30 (1) of the Constitution which provides for the right to development states that women and persons with disabilities in particular shall be given special consideration in the application of this right. 250 Women and girls with disabilities who have suffered any form of injustice have the right to access justice in the Court. However, the majority of justice services in Malawi are largely not disability friendly. The Malawi Human Rights Commission Report on access to justice by persons with disabilities indicates that there are limited criminal justice providers that are equipped to communicate with women and girls with disabilities. There are only a few trained officers and they are desk officers based at Police headquarters in Lilongwe, far removed from the victims. The Human Rights Commission’s public inquiry on Disability in 2013 which found that the failure to provide training to the Malawi Police Service, Judiciary and Prison Service officials about the needs of persons with disabilities has led to their exclusion and denied them access to justice. 251 The inquiry also found that persons with hearing impairments and the deaf-blind, in particular, have problems accessing justice either as offenders, complainants or witnesses since some court officials in Malawi do not allow the use of sign language interpreters. This is due to unavailability of staff trained in sign language at the court. Persons with intellectual disabilities, in particular, are often regarded to be of “unsound mind” such that prejudice overrides rational consideration of situations by law enforcers and interpreters; hence denying those with intellectual disabilities access to justice. 102

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