A/67/278 E. Structural problems of judicial processes Excessive delays 68. Owing to lack of adequate resources and qualified staff, limited budgets and inadequate infrastructure and logistical support, there are often unnecessary delays in adjudicating cases and enforcing judgements. In some jurisdictions, millions of legal cases are pending and civil and criminal cases take up to a decade to be completed. 19 69. While those problems affect all people seeking justice through the formal justice system, they have a disproportionate impact on the poor, for whom a long process is not only a denial of justice but also unaffordable and may aggravate their situation. Often their cases are underprioritized owing to biased preferential treatment of the wealthy or lack of sensitivity or understanding of the impact of the delay on the poorest claimants. Formalism 70. Without the resources to retain private legal assistance, and with restricted access to legal aid (see above), persons living in poverty are often forced to navigate the judicial system alone. In doing so, they encounter, in addition to the barriers listed above, a complex labyrinth of laws, traditions and interactions, with copious paperwork, the use of legal jargon and mainstream languages, and restrictive time limits, all of which can deter the poor from seeking justice under formal systems and impede fair outcomes. 71. Those barriers are particularly damaging in areas of law that frequently have an impact on the most marginalized, including property disputes, welfare claims and immigration proceedings, and have the effect of preventing the commencement of claims to enforce rights and seek remedies. 20 Even when they do not bar engagement with the judicial system altogether, cumbersome and complex procedural requirements may still obstruct access to justice by increasing the financial and time costs. 21 72. Persons living in poverty are unfamiliar with, and often intimidated by, regulations regarding dress codes, the hierarchy of the court system, confrontational courtroom design, and traditions about when to sit, stand and address the judge. As a result, they are in an unequal and disadvantaged position before they even walk into the courtroom. 73. Requirements that demand a high level of evidentiary proof before civil claims can be instituted can have a disproportionate impact on the poor, who are hampered by their lack of financial resources, time and understanding of the law and of legal processes. Collating evidence, obtaining expert opinions and preparing forms in the __________________ 19 20 21 16 See, for example, UN-Women Report 2011-2012, p. 54, and United Nations Office on Drugs and Crime, Access to Legal Aid in Criminal Justice Systems in Africa, Survey Report (New York, United Nations, 2011), p. 13. “Investigating the links between access to justice and governance factors: an objective indicators approach,” United Nations Office for Drug Control and Crime Prevention Global Programme against Corruption, Research and Scientific Series, May 2001, p. 4. E/CN.4/Sub.2/2001/7, para. 19. 12-45806