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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.
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