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employer for unfair and unjust working conditions or when a woman without
personal income or resources brings a case against her partner for domestic violence.
Procedural inequality can also arise in litigation against the State.
14. The existence of significant socioeconomic inequality between the parties in a
proceeding requires States to adopt all necessary measures to help to reduce or
eliminate the deficiencies that impair or diminish the effective protection of the
rights at stake. If such measures are not taken, those who are socially or
economically disadvantaged do not enjoy a real opportunity for justice or the
benefits of due process of law in an equal manner. These obligations arise in civil
and criminal cases and in pretrial stages of the justice chain, when the rights of
persons living in poverty are also at stake.
15. Even in the most developed countries, legal disempowerment is rife and
persons living in poverty do not have full de jure or de facto access to justice.
Around the world, persons living in poverty face a range of obstacles in claiming
and enforcing, or contesting violations of, their rights. Such obstacles not only
imply violations of their rights to a remedy and due process, but also undermine
their ability to enjoy other human rights equally and without discrimination. States,
therefore, are under an obligation to eliminate obstacles which frustrate the efforts
of the poorest and most vulnerable to access justice. Effective enforcement of and
compliance with judicial rulings in favour of persons living in poverty are also
essential to ensure that persons living in poverty can benefit from the law.
16. The Special Rapporteur chose to focus the present report on obstacles to access
to justice, because overcoming such obstacles is fundamental to improving the
situation of the poorest and most vulnerable, and empowering them to claim their
rights. The report is based on the understanding that meaningful access to justice for
persons living in poverty does not depend only on legal tools or access to legal
services, lawyers and courts, but also requires a more comprehensive and holistic
approach that takes into account broader structural, social and economic factors.
III. Obstacles which impede persons living in poverty from
accessing justice
17. Some of the obstacles that persons living in poverty face, such as the cost of
legal advice, administrative fees and other collateral costs, relate directly to their
lack of financial resources. Other obstacles, including lack of access to information
and lack of legal recognition arise out of discrimination against the poorest and most
marginalized. Furthermore, institutional and structural obstacles are found in the
design and operation of justice systems; these include the inadequate capacity and
resources of courts, the police and prosecution corps, the corrupt practices therein,
and the location of courts and police stations. Poor functioning of the justice system
particularly affects the poor, because pursuing justice requires a much greater effort
and investment in terms of money and time for them, while their chances of a just
and favourable outcome are worse. The deprivations that persons living in poverty
encounter throughout their lives — lack of access to quality education, reduced
access to information, limited political voice and social capital — translate into
lower levels of legal literacy and awareness of their rights, creating social obstacles
to seeking redress.
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