A/67/278 correct language can be an almost impossible process without the assistance of a competent legal representative. 74. Persons living in poverty are even further disadvantaged when they are conducting proceedings or making a claim against corporate entities or the State, whose power, reach and resources far outweigh theirs. This is particularly evident in criminal cases, where the State controls the collation and production of evidence. The process of collecting exculpatory evidence or obtaining expert testimony may prove prohibitively costly for the poorest and most vulnerable individuals and is even more difficult for those forced to remain in pretrial detention because of their inability to make bail or pay the necessary bribes. In such cases, individuals have little hope of having their charges fairly adjudicated at trial. Differences in language and culture 75. While many people find it difficult to understand legal or judicial terminology, the complexities increase for many persons living in poverty in multilingual and multi-ethnic societies where legal proceedings are often conducted in a language that they do not understand. 76. This can constitute a significant barrier for the poorest and most marginalized, many of whom speak local languages or dialects, as well as for indigenous populations, ethnic minorities and migrants. In particular, those who are often excluded from education services, including women, are less likely to have received adequate schooling in the official or predominant language. 77. Despite States’ obligation to ensure that individuals facing a criminal charge have access to a free interpreter (International Covenant on Civil and Political Rights, art. 14.3 (f)), often this service is limited, unavailable or reserved for those who speak a foreign language, rather than a minority language or local dialect, and is rarely provided in civil cases. The issue of language disproportionately disadvantages women, who are not only less likely to speak the predominant language and require an interpreter, but who are also vulnerable to abuse or exploitation by interpreters, whose cultural prejudices may inform their translation. 78. Even when the predominant language is spoken, cultural differences can impede communication within the judicial system. In addition to imbalances of power, in some cultural groups, different terminology may be used for specific occasions or to speak to people in a different relationship, and time and place may be described in different ways. Furthermore, intercultural communication between indigenous groups or ethnic minorities and judicial officers can be impeded by differences in perceptions of politeness; cultural taboos which prevent the giving of certain evidence; and reliance on interrogatory methods. When judicial processes do not adopt measures to facilitate cross-cultural communication and adapt to cultural differences, this may contribute to higher rates of conviction on criminal charges, undermining the right to a fair trial. Lack of legal standing 79. Legal standing is the gateway for access to justice. To have access to the formal judicial system, it is necessary that the courts extend legal standing without discrimination, ensuring that all receive equal treatment when bringing claims, protesting violations or seeking remedies. 12-45806 17