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economically dependent on other groups are unlikely to pursue justice claims
against them.
Lack of empowerment and access to information
24. Awareness and understanding of the existence of legal rights, and of the ways
in which such rights can be invoked before and enforced by judicial and
adjudicatory mechanisms, is fundamental to enjoying the full range of civil, cultural,
economic, political and social rights, and for remedying violations thereof.
25. Persons living in poverty are often deprived from a young age of the
opportunity to acquire the tools, social capital and basic legal knowledge necessary
to engage with the justice system. They are unaware of the existence and contents of
their legal rights and entitlements, of the State’s obligations and duties towards them,
and of how to secure the assistance they need. This is especially the case for those
who experience discrimination in accessing education on grounds such as ethnicity,
gender or disability.
26. States not only have an obligation to ensure the enjoyment of the right to
education, including human rights education (International Covenant on Economic,
Social and Cultural Rights, art. 13) but also an obligation to ensure access to
information without discrimination (International Covenant on Civil and Political
Rights, arts. 2 and 19), which implies an obligation to proactively put information of
public interest in the public domain and to ensure easy, prompt, effective and
practical access to such information for all persons. 11 In the context of access to
justice, this requires, for example, that States proactively inform the public about
new or changing laws, and make legal materials, such as laws, judgements, trial
transcripts and adjudication procedures, available and reasonably accessible.
27. Simply making information available is not sufficient. The burdens involved in
accessing information, such as travel costs, fees, long waiting periods, and
interaction with State officials, can act as disincentives for the poorest. States often
do not take into account the difficulties, such as financial, geographical,
technological or linguistic barriers, that the poor face in accessing information. For
example, in many States, information about new statutes is disseminated in a very
limited way, or access to copies of enacted laws is conditional upon the payment of
a fee. 12 Information may only be available in written format, thus creating obstacles
for those with low levels of literacy and persons with disabilities, or may only be
published online or in commercial newspapers, or only in one official language.
B.
Legal and normative barriers
Inadequate legal framework and normative protection
28. Laws tend to reflect and reinforce the privileges and interests of the powerful.
Thus, many laws are inherently biased against persons living in poverty, do not
recognize or prioritize the abuses they regularly suffer, or have a disproportionately
harsh impact on them. A legal system based on prejudices against the poor does not
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11
12
8
Human Rights Committee, General Comment No. 34, para. 19.
Making the Law Work for Everyone, Vol. II (New York, Commission on the Legal Empowerment
of the Poor and United Nations Development Programme, 2008), p. 19.
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