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protect them, but rather undermines their rights and autonomy, or seeks to control,
criminalize and segregate them. Legislators often do not recognize and estimate the
issues that negatively affect persons living in poverty as serious and in need of
active remedy.
29. For example, in many legal systems, economic, social and cultural rights are
not sufficiently protected, and discrimination on the grounds of socioeconomic
situation is not recognized. Similarly, issues such as abuses in the informal
employment sector or the exploitation of tenants by landlords, all of which
disproportionately affect persons living in poverty, are often not legislated against in
an effective manner. Meanwhile, actions which are undertaken by persons living in
poverty out of necessity, such as sleeping in public spaces or street vending, are
criminalized. Hence, reforms aimed at improving access to justice by the poor must
not neglect the need to modify or repeal certain laws or strengthen others.
30. Women living in poverty suffer compounded obstacles to accessing justice
generated by inadequate legal frameworks and normative protection, because the
deprivations and abuse that women suffer as women are often not recognized in law.
Many States lack legal and constitutional frameworks that guarantee women the
enjoyment of their rights, such as anti-discrimination laws. Issues such as domestic
violence, sexual violence, reproductive rights, and equal pay and inheritance rights
are not adequately addressed in many legal regimes, thus curtailing any possibility
of seeking remedies. This has a particularly devastating impact on poor women, who
are often left without any formal or informal recourse.
Lack of judicial review for social policies
31. Often, there is no mechanism in place to review social policies or
administrative decisions that have a major impact on the enjoyment of their rights
by persons living in poverty. The lack of remedies for the negative impacts of social
policy in the areas of health, housing, education and social security, or for
administrative decisions relating to welfare benefits or asylum proceedings, often
results in inability to seek redress in cases of violations of key human rights, such as
the right to equality and non-discrimination and the right to social security. This is a
major obstacle to accessing justice for persons living in poverty, who are
disproportionately affected by those policies.
32. The lack of judicial review or complaints mechanisms for social policy,
compounded by a lack of justiciability of economic, social and cultural rights at the
domestic level, creates the perception that social policy is a charitable measure
rather than part of an obligation to ensure the enjoyment of human rights. The
recognition of rights imposes the obligation to establish judicial or other remedies
that enable rights holders to invoke their protection in courts, or before other
similarly independent bodies, when they are infringed. The lack of adequate and
effective remedies for violations of economic, social and cultural rights is thus an
infringement of international human rights instruments.
Lack of legal identity
33. The right to be recognized as a person before the law is a fundamental human
right (International Covenant on Civil and Political Rights, art. 16, and Convention
on the Rights of the Child, art. 7), and is at the core of the right to access justice.
Many persons living in poverty are de facto deprived of accessing courts and other
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