A/67/278 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 __________________ 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. 12-45806

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