This work was supported by a grant from Shalem Fund
This research addresses the gap between disability rights legislation and implementation by developing a "Disability-Rights-Based Dispute System Design" (DR-DSD) framework. Despite advances like the UN Convention on the Rights of Persons with Disabilities, people with disabilities face systemic barriers to accessing justice in legal capacity and child welfare proceedings. The framework integrates disability rights principles with Dispute System Design methodology for proactive system redesign rather than reactive problem-solving. Through three articles examining legal capacity and parenthood, the research reveals that traditional approaches fail to address structural barriers. DR-DSD offers specific disability rights solutions and universal justice system improvement principles, providing tools for accessible tribunals, professional training, and community support networks.
Key words: disability rights, dispute system design, alternative dispute resolution, legal capacity, parenthood, child welfare