A/67/278 40. Persons living in poverty, particularly those with disabilities or older persons, may experience additional obstacles in accessing justice when courts and police stations are not appropriately designed, and when court processes are not adaptable. For example, many judicial systems are heavily reliant on paper forms and written submissions, and on the presentation of oral evidence. Often, police stations and courts are not wheelchair accessible. Where measures are not in place to enable judicial bodies to adapt their processes for those in need, including by providing aid to defendants, claimants, witnesses and jurors who require it, such persons are excluded from accessing and benefiting from the justice system. Inadequate capacity and resources 41. Shortfalls in financial and human resource allocations to courts, the police and prosecution corps, and insufficient training and capacity-building for judicial and law enforcement officers translate into failures in the judicial system which infringe upon access to justice. Such failures, including delays (see paras. 68-69 below), flawed or insufficient evidence-gathering, lack of enforcement, and abuse, undermine the effective functioning of judicial and adjudicatory mechanisms and have a disproportionate impact on and undermine the human rights of persons living in poverty. 42. When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach. 43. Non-registration of complaints by the police is a practice common in overburdened and underresourced criminal justice systems. In such cases, it is usually the complaints of persons living in poverty that go unregistered, owing to bias and discrimination, and their disempowerment and lack of knowledge and information about their rights. Cases involving gender-based violence, notably rape allegations, often go unregistered, particularly when the victim is a woman living in poverty and lacks awareness or the means to pressure the police to investigate. 44. The rights and interests of women are thus especially compromised by badly resourced and trained judicial systems and police forces, State organs that traditionally reflect and prioritize the interests of men and are dominated by men. Not only do women living in poverty come up against stark power imbalances and discriminatory cultural norms and other social structures when instituting legal proceedings, they are also disadvantaged by the lack of training afforded to officials on the application of laws relating to gender-based violence and the proper treatment of victims and handling of complaints. Women living in poverty have even less power and capacity to challenge this state of affairs. Stigma and lack of understanding of the needs of the poor 45. Often, police officers, court staff and other justice sector personnel reflect the discriminatory attitudes of the wider society and are not adequately trained to perform their roles without discrimination or bias against persons living in poverty. 12-45806 11

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