A/67/278
18. Certain groups that suffer from structural discrimination and exclusion and are
disproportionately represented among the poor, particularly ethnic and racial
minorities, migrants and indigenous peoples, encounter additional barriers to
accessing justice. Those difficulties are multiplied for women living in poverty, who
experience compounded discrimination and disempowerment, not to mention
financial constraints. Therefore, across different contexts, women living in poverty
experience particular difficulties in accessing justice mechanisms and winning
judicial recognition, action and enforcement for crimes, discrimination and human
rights violations they are disproportionately subject to. Children are often denied the
due process guarantees that they are entitled to on the same basis as adults, as well
as additional protections that are necessary, in particular when they are particularly
deprived or marginalized.
19. Thus, persons living in poverty face significant barriers that seriously impede
or discourage them from seeking justice. Those barriers include the following.
A.
Social and cultural barriers
20. Owing to deep asymmetries of power, the stigma and discrimination they
suffer and their socioeconomic disadvantages, persons living in poverty often
reasonably decide against bringing a case to court, thereby precluding any
possibility of obtaining justice.
Fear of reprisal and mistrust of the justice system
21. Persons living in poverty may choose not to seek justice because they fear
reprisal or sanction from more powerful actors within or outside their community, or
fear being stigmatized or discriminated against. Having experienced discrimination
and abuse at the hands of the police and other authorities throughout their lives,
people living in poverty are often averse to relying upon formal legal processes for
fear of being subject to further exploitation or corruption, or of receiving an unjust
outcome. Certain groups, such as ethnic minorities, indigenous peoples or irregular
migrants, may be reluctant to engage with the justice system owing to concerns
relating to the respect of their own values or owing to their immigration status.
22. Women living in poverty often face particularly strong social barriers to
pursuing cases. In some contexts, there are strong cultural norms against women
speaking on their own behalf in disputes. 9 Social sanction is a particular obstacle for
women who are victims of domestic or sexual violence. In the case of gender-based
violence, for example, social constraints account partly for the disproportionately
high underreporting and attrition rates. 10
Socioeconomic subordination
23. Another social barrier relates to the powerlessness and dependence of persons
living in poverty or their subordination to other groups or persons. For example, in
some societies, poor women may be unable to approach justice systems without the
assistance of a male relative, while in very hierarchical societies those who are
__________________
9
10
12-45806
UN-Women Report, 2011-2012, p. 52.
Ibid., p. 51.
7