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

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