Access to justice and the right to food: the way forward 2015, para. 34
Paragraph- Paragraph text
- In addition to a lack of awareness of their rights, victims of violations face considerable institutional and structural barriers. For many, particularly for those living in rural and remote areas and peri-urban settings, simply accessing a court is in itself a significant challenge. In many countries, municipal courts do not exist and the legal epicentre is located in the capital only, with logistical and monetary implications for those who live beyond the city. In countries where municipal and subnational mechanisms are available, a lack of affordable and dedicated legal assistance and judicial corruption often hinders access. In cases where rights holders have the means to submit a case, often ordinary courts, which are more accessible for families facing food security, are unaware of the issue - with the right to food not considered as related to other citizen's rights. Complex and inflexible court systems also have a significant impact on victims, often requiring a high burden of proof for applicants. Some courts may also be averse to accepting collective, or public interest mechanisms or innovative fact-gathering or remedial procedures. In such cases, victims are dissuaded from submitting claims. Some countries, however, have tackled the problem by establishing public interest litigation procedures that authorize individual and collective claims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Food, Report to the HRC (2015), A/HRC/28/65, para. 34.
- Paragraph number
- 34
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