A/67/278 crucial factor preventing the poor from accessing and benefiting from the justice system. 52. Costs are particularly burdensome in criminal cases, where defendants must often put up large sums of money to be granted bail, or risk long periods of pretrial detention, during which they may have to pay for food or telephone use. Those fees can have the effect of prolonging an individual’s detention and exacerbating the conditions in which he or she is detained. Moreover, they result in a situation in which criminal defendants with financial means are in a much more favourable position than those without. 53. In civil claims, fees are payable when claims and motions are filed or when time limits are exceeded. In addition, the unsuccessful party in a civil case is often ordered to pay the legal costs of the successful party. Such fees are unaffordable for persons living in poverty and act as a disincentive to instituting claims. For example, in some countries the cost of divorce proceedings, including child custody claims, or of filing a land inheritance claim is many times the monthly income of a person living in poverty, and presents an even greater barrier for poor women. 54. The existence of administrative and other fees disproportionately disadvantages women, who often have less financial independence or access to financial resources. Women’s access to the judicial system to determine civil claims with respect to divorce, child custody and land inheritance is impeded when excessive fees are imposed. Women living in poverty may also be prevented from filing criminal charges for domestic violence, rape or other forms of gender-based violence because they are unable to afford the fees incurred. 55. In addition to formal administrative fees, persons living in poverty encounter other collateral costs in accessing justice. The cost of transportation to courts and of accommodation, together with the loss of income while away from employment or subsistence activities, may be impossible for the poor. 56. Those costs are particularly severe for persons who live in rural areas, who may have to travel for days to access the justice system. Individuals who have informal or precarious work are unlikely to obtain their employer’s permission to take time off to attend a hearing, even if they are willing to forego pay. Attendance would mean they risk losing their jobs and income altogether. Caregivers, the majority of whom are women, may not be able to leave home to submit a claim or to attend a court hearing. Corruption 57. In many countries, partly owing to overstretched and underfunded judicial systems, corruption is rife throughout police forces and prosecution corps, and among judicial officials. Illicit payments and favours enable those with financial and social capital to access the justice system with greater efficiency and effectiveness, and even to secure a certain outcome. In contrast, persons living in poverty, who cannot afford to pay bribes for services that should be free, have their claims and cases delayed, denied or discontinued. 12-45806 13