A/67/278 90. Despite challenges in informal justice systems, it is also important to note that State attempts to suppress the use of such systems can have severely detrimental effects on access to justice by the poor. IV. Conclusions and recommendations 91. States have a legal obligation to ensure that all individuals are able to access competent, impartial judicial and adjudicatory mechanisms equally and without discrimination. Access to justice is not only a fundamental right in itself, but it is an essential prerequisite for the protection and promotion of all other civil, cultural, economic, political and social rights. 92. Access to justice is essential for tackling poverty and protecting the human rights of persons living in poverty. Even mature democracies with wellfunctioning State institutions and technically inclusive and fair legal systems struggle to ensure de facto equal access to justice by those living in poverty. When the poor are unable to access justice equally and without discrimination, they are prevented from enjoying and claiming their human rights, and from seeking remedies to violations of their rights. This may exacerbate their situation, or frustrate their efforts to move out of poverty. 93. The principle of the indivisibility and interdependence of human rights requires States to address a range of intersecting and mutually reinforcing deprivations and obstacles which prevent access to justice for the poorest. 94. It is crucial to construct an inclusive justice system that is close to the people, both socially and geographically. Ensuring access to justice for the poor requires well-functioning judicial systems and laws that do not solely reflect the interests of wealthy and more powerful groups but also take into account income and power imbalances. Reforms must be implemented with the effective and meaningful participation of persons living in poverty. 95. Given the great diversity of social contexts, there is no “one size fits all” solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations. 20 12-45806

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