Pro Bono SG chairman Dinesh Dhillon on inclusive justice

Key Concepts

• Inclusive Justice: A legal framework that adapts processes to accommodate individuals with disabilities, ensuring equitable access to the legal system.
• Invisible Disabilities: Conditions that are not immediately apparent, such as autism, schizophrenia, and bipolar disorder, which complicate legal navigation.
• Multidisciplinary Approach: The integration of legal professionals with social workers, psychologists, and psychiatrists to provide holistic support.
• Pro Bono SG: The charity arm of the Singapore Law Society leading the initiative.
• Treatment Orders: A judicial alternative to traditional incarceration, focusing on rehabilitation for individuals whose actions are linked to medical conditions.

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1. The Need for Inclusive Justice

In Singapore, approximately one in every 30 people lives with a disability. A significant portion of this demographic experiences "invisible disabilities," which create substantial barriers when interacting with the legal system. Dennis Dillon, Chairman of Pro Bono SG, emphasizes that access to justice must be viewed as a matter of substance rather than form.

The current legal system often struggles to accommodate individuals who may have communication challenges (e.g., non-verbal autism). Because the law relies on the discovery of truth and evidence, the inability of a person to communicate in a standard manner can lead to a failure in the justice process.

2. The Inclusive Justice Centre: Methodology and Framework

Pro Bono SG has launched the Inclusive Justice Centre to bridge these gaps through a decentralized, community-based model:

• Community Proximity: Instead of a centralized office, the center will operate out of various partner sites across Singapore.
• Strategic Partnerships: The center is currently in negotiations with approximately 20 community agencies. By placing legal services within these agencies, lawyers can work directly alongside social service providers who possess deep expertise in specific disabilities.
• Collaborative Expertise: Legal specialists will rotate through these sites, relying on social workers, psychologists, and psychiatrists to help interpret the needs and conditions of the clients. This ensures that lawyers are not operating in a vacuum and can better understand the medical or psychological context of a case.

3. Challenges in Legal Representation

Navigating cases involving invisible disabilities requires a shift in professional approach:

• Building Trust: Lawyers must exercise extreme patience and go "the extra mile" to establish trust with clients who may struggle with traditional legal interactions.
• Evidence Gathering: The process of obtaining evidence is more complex when a client’s condition affects their memory, perception, or ability to recount events.
• Professional Reward: Dillon notes that the "real beneficiary" is often the lawyer, as the work provides profound professional and personal fulfillment by creating a ripple effect of positive change for the individual and their family.

4. Societal Perspectives and Public Conduct

Dillon addresses the role of the public in shaping justice, particularly regarding the "filming culture" where awkward or distressing public incidents are recorded and shared on social media.

• The Impact of Public Exposure: Filming individuals experiencing a mental health crisis (e.g., a bipolar episode on public transport) can hinder their recovery and reintegration.
• Balancing Accountability and Compassion: While acknowledging that crimes must be heard and victims cannot be ignored, Dillon argues that justice is not served if the court fails to account for the defendant's condition.
• Judicial Discretion: He advocates for judges to consider medical and rehabilitative factors when sentencing. In cases where a crime is a manifestation of an illness rather than criminal intent, a treatment order may be a more just outcome than traditional imprisonment.

5. Synthesis and Conclusion

The Inclusive Justice Centre represents a shift in how Singapore defines national progress. Dennis Dillon posits that true prosperity is not merely economic but is reflected in how a society treats its most vulnerable members. By fostering a culture where children are taught to embrace differences and where the legal system prioritizes rehabilitation and understanding over rigid, one-size-fits-all punishment, Singapore aims to build a more equitable society. The initiative underscores the principle that justice must be accessible to all, especially "the least and the last."