What does it mean to be heard by justice?
It means more than having the floor. It means being understood. Understand what is happening, what your rights are and why decisions are made. It means feeling that the system recognizes your circumstances and acts with clarity and respect.
This is the promise of a democratic rule of law. Justice must be impartial and accessible. It must treat everyone with dignity and protect fundamental rights. But is it equally understandable to everyone?
For thousands of autistic people or people with Attention Deficit Hyperactivity Disorder (ADHD), contact with security forces or courts can be experienced differently from what most assume as “normal”. Differences in communication, information processing or emotional regulation, typical of neurodevelopment, can be misinterpreted in a legal context where form weighs as much as content.
Avoiding eye contact, responding literally or taking a long time to respond may seem like evasion, resistance or provocation. However, none of these behaviors is, in itself, a sign of guilt or lack of credibility. These are legitimate forms of different neurological functioning. When this difference is not recognized, the interaction ceases to be based on mutual understanding and begins to be based on incorrect assumptions about the person’s intention or attitude.
International research shows that neurodivergent people face specific challenges when making statements or participating in legal proceedings, including greater vulnerability to situational pressure and difficulties in fully understanding procedural rights. However, when simple adjustments are made available, the quality of the interaction improves significantly and the risk of error decreases.
It’s not about privilege. This is about equity.
These difficulties don’t just affect those who are autistic or have ADHD. They also affect the work of professionals, who often do not have the necessary tools or knowledge to interpret certain situations.
In Portugal we know very little about how these interactions are experienced. We do not have systematic data to answer essential questions: how many autistic or ADHD people come into contact with the justice system? Do you understand your rights? Are they offered appropriate adjustments? And what needs do the professionals themselves identify?
The absence of data does not mean the absence of a problem, but rather the absence of structured knowledge. And without knowledge, there is no informed public policy, no adequate training, no effective safeguards. It is in this context that the BEJUSTthe first national study dedicated to understanding these interactions in Portugal. It is collecting data from the neurodivergent community and professionals from the security forces and magistrates, with the aim of transforming experience into knowledge and knowledge into concrete improvement.
When people feel that they have been treated with respect and that their circumstances have been considered, they are more likely to accept a decision; When this does not happen, trust is weakened. A more informed justice system regarding neurodiversity allows professionals to act with greater safety, clarity and effectiveness. Neurological diversity is part of the human condition. Recognizing it in the functioning of justice reinforces the quality of decisions and the solidity of the system itself.
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