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Access to justice for people living in poverty 2012, para. 13
- Paragraph text
- These principles require that claimants or defendants must be able to exercise their rights and defend their interests effectively and in full procedural equality with other parties. When there is a big disparity in the economic or social status of litigants, as is often the case when those living in poverty seek redress for grievances against more powerful parties, there is a high risk of an unequal trial. For example, this is likely when impoverished workers want to bring a case against their employer for unfair and unjust working conditions or when a woman without personal income or resources brings a case against her partner for domestic violence. Procedural inequality can also arise in litigation against the State.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 22
- Paragraph text
- 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. 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 23
- Paragraph text
- 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 economically dependent on other groups are unlikely to pursue justice claims against them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 30
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 42
- Paragraph text
- When judicial systems receive inadequate financial and human resource allocations from State budgets, police stations, prosecution corps and courthouses are understaffed and poorly equipped, and benches are deprived of adequate numbers of judges. The result is serious neglect and even mistreatment of those seeking justice, which is more pronounced for the most disadvantaged, whose cases are usually underprioritized. Again, this frequently has an especially harsh impact on women, as often the criminal justice and legal system lacks capacity to ensure a swift, fair and gender-sensitive approach.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 43
- Paragraph text
- Non-registration of complaints by the police is a practice common in overburdened and underresourced criminal justice systems. In such cases, it is usually the complaints of persons living in poverty that go unregistered, owing to bias and discrimination, and their disempowerment and lack of knowledge and information about their rights. Cases involving gender-based violence, notably rape allegations, often go unregistered, particularly when the victim is a woman living in poverty and lacks awareness or the means to pressure the police to investigate.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 44
- Paragraph text
- The rights and interests of women are thus especially compromised by badly resourced and trained judicial systems and police forces, State organs that traditionally reflect and prioritize the interests of men and are dominated by men. Not only do women living in poverty come up against stark power imbalances and discriminatory cultural norms and other social structures when instituting legal proceedings, they are also disadvantaged by the lack of training afforded to officials on the application of laws relating to gender-based violence and the proper treatment of victims and handling of complaints. Women living in poverty have even less power and capacity to challenge this state of affairs.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 53
- Paragraph text
- In civil claims, fees are payable when claims and motions are filed or when time limits are exceeded. In addition, the unsuccessful party in a civil case is often ordered to pay the legal costs of the successful party. Such fees are unaffordable for persons living in poverty and act as a disincentive to instituting claims. For example, in some countries the cost of divorce proceedings, including child custody claims, or of filing a land inheritance claim is many times the monthly income of a person living in poverty, and presents an even greater barrier for poor women.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 54
- Paragraph text
- The existence of administrative and other fees disproportionately disadvantages women, who often have less financial independence or access to financial resources. Women's access to the judicial system to determine civil claims with respect to divorce, child custody and land inheritance is impeded when excessive fees are imposed. Women living in poverty may also be prevented from filing criminal charges for domestic violence, rape or other forms of gender-based violence because they are unable to afford the fees incurred.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 56
- Paragraph text
- Those costs are particularly severe for persons who live in rural areas, who may have to travel for days to access the justice system. Individuals who have informal or precarious work are unlikely to obtain their employer's permission to take time off to attend a hearing, even if they are willing to forego pay. Attendance would mean they risk losing their jobs and income altogether. Caregivers, the majority of whom are women, may not be able to leave home to submit a claim or to attend a court hearing.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 58
- Paragraph text
- Persons living in poverty are more likely than other individuals to be confronted with requests for bribes and to resort to paying bribes. Moreover, bribes represent a greater burden for persons living in poverty, often meaning that they have to sell assets or sacrifice their health or education in order to meet such demands. Evidence shows that women are more likely to be affected by demands for bribes within the justice system and in many cases they are also subject to harassment or abuse by law enforcement officers.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 63
- Paragraph text
- Women face compounded difficulties in accessing legal aid in criminal and civil matters. This has a particular impact on poor female victims of criminal offences such as domestic violence, or those pursuing divorce, child custody or land inheritance.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 64
- Paragraph text
- Often, the criteria which govern access to State-funded legal assistance are arbitrary and overly restrictive, and rely heavily on means-testing to determine eligibility. Means-testing is often inaccurate and is unable to take account of the wealth distribution within a household, disadvantaging those who have restricted access to household wealth, such as women and older persons. Furthermore, it fails to realistically reflect the options faced by persons living in poverty; for example, it may disqualify individuals if they have the option of disposing of household assets, even if those assets are used to produce food and generate subsistence income for the household.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 76
- Paragraph text
- This can constitute a significant barrier for the poorest and most marginalized, many of whom speak local languages or dialects, as well as for indigenous populations, ethnic minorities and migrants. In particular, those who are often excluded from education services, including women, are less likely to have received adequate schooling in the official or predominant language.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 77
- Paragraph text
- Despite States' obligation to ensure that individuals facing a criminal charge have access to a free interpreter (International Covenant on Civil and Political Rights, art. 14.3 (f)), often this service is limited, unavailable or reserved for those who speak a foreign language, rather than a minority language or local dialect, and is rarely provided in civil cases. The issue of language disproportionately disadvantages women, who are not only less likely to speak the predominant language and require an interpreter, but who are also vulnerable to abuse or exploitation by interpreters, whose cultural prejudices may inform their translation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 80
- Paragraph text
- In practice, however, restrictions on legal standing in many States directly and indirectly exclude persons living in poverty from accessing judicial and adjudicatory mechanisms. For example, in some States, legislatures and judicial systems limit standing for certain groups, such as women and children. Discriminatory laws deprive women of legal competency and require that they be under male guardianship before instituting a claim or giving evidence.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 86
- Paragraph text
- Informal justice systems are often more accessible to persons living in poverty and may have the potential to provide quick, affordable and culturally relevant remedies. However, informal justice mechanisms frequently exhibit some of the same weaknesses as State systems. For example, they may exclude women, minorities and disadvantaged groups, be susceptible to corruption and abuse of power, require payment from claimants or impose heavy fines, and in some there may be frequent lengthy delays in deciding cases.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 88
- Paragraph text
- Customary and traditional justice systems can also threaten women's access to fair and equal justice. Informal justice systems based on custom, tradition or ethnic or religious identity often contain unequal provisions for women and men, do not have sanctions against gender-based violence or other abuses which take place in the domestic sphere, and are sometimes procedurally biased against women. This is especially problematic as it is family laws and property laws that are most often subject to the jurisdiction of such legal systems.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 95
- Paragraph text
- Given the great diversity of social contexts, there is no "one size fits all" solution for ensuring access to justice for persons living in poverty. Differing national and local contexts create a variety of challenges and opportunities for reform that must be taken into account. Success in all contexts, however, will share the features of a human rights-based approach. Solutions require tackling not only legal obstacles but also a range of extralegal factors: social, economic, cultural, linguistic, etc. Solutions must be sought at local levels, designed and implemented with the active participation of the communities affected. Therefore, policymakers and legal authorities should have a specific contextual understanding of local legal institutions and the variety of obstacles on the ground that impede access to justice by persons living in poverty, and implement multidimensional solutions that can strengthen their agency and ensure their enjoyment of their rights. Special attention must be paid to women and groups that are particularly excluded, such as indigenous peoples, older persons and migrants. With this in mind, States must take immediate and effective action to ensure that persons living in poverty are not denied enjoyment of their human rights because of insurmountable obstacles which prevent them from accessing the justice system. To this end, the Special Rapporteur wishes to present the following recommendations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Address the practical factors that impede women's ability to claim their rights, including the status of women and gender-based stereotypes, prejudices and norms
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Create integrated and specialized services to address women's access to justice and ensure more efficient handling of gender-related crimes, including, for example, domestic violence courts and one-stop shops for sexual violence survivors; such services must be accessible and affordable for women living in poverty
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Extreme inequality and human rights 2015, para. 7
- Paragraph text
- Economic and social inequalities are often categorized as "vertical inequalities", referring to the distribution of something such as income, health or power. Vertical inequalities can be distinguished from "horizontal inequalities", which are group-based differences (describing between "whom" the relevant differences occur). Horizontal inequalities may for instance refer to: inequality between men and women, between majorities and minorities, between races, between groups of people with different sexual orientations or between generations. Horizontal inequalities often overlap with vertical inequalities, for instance when women are overrepresented in lower income segments or when a racial minority is underrepresented in political bodies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 21
- Paragraph text
- Economic inequalities seem to encourage political capture and the unequal realization of civil and political rights. High levels of economic inequalities "may create institutions that maintain the political, economic and social privileges of the elite and lock the poor into poverty traps from which it is difficult to escape". This vicious cycle may be broken when civil and political rights are enjoyed more equally, as illustrated by the case of Chile. Under the dictatorship of Augusto Pinochet during the 1970s and 1980s, income inequality worsened, then improved after democracy was reinstated (although it is still higher than it was in the 1960s or early 1970s). Another example is Rwanda, where gender equality is enshrined in the Constitution and a quota system has contributed to more than half of the members of Parliament being women, making it the only country in the world with more female than male members of parliament. After the introduction of the quota system, the Rwandan Parliament passed legislation to enhance gender equality, "including several laws aimed at preventing and punishing gender-based violence, laws granting more extensive property rights to women and key legislation on women in the workforce."
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 23
- Paragraph text
- A sizeable amount of literature sets out the relationship between deunionization and wage inequality. The authors of a World Bank study on the economic effect of adopting or enforcing the two core labour rights mentioned above reported "very robust" findings that unions compress wage inequality. In particular, they found that the wage differentials between skilled and unskilled workers were reduced when unions were present. This is consistent with another study, in relation to the United States, in which the authors concluded: When individual union membership is considered, union decline accounts for a fifth of the growth in men's earnings inequality. Adding normative and threat effects of unions on nonunion pay increases the effect of union decline on wage inequality from a fifth to a third. By this measure, the decline of the U.S. labor movement has added as much to men's wage inequality as has the relative increase in pay for college graduates. A 2013 study about Turkey shows that the fall of unionization in that country resulted in higher wage inequality during the period 1980-2008. Also relevant is the evidence that not only does deunionization affect wage inequality, but wage inequality also affects unionization.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 25
- Paragraph text
- Although many forms of discrimination are inherently unjust, the correlation between gender-based discrimination and economic inequalities deserves special mention since it potentially affects half of the world's population. While both men and women may experience myriad inequalities, based on factors such as their race, ethnicity, sexual orientation or disability, gender-based discrimination is too often seen to be almost exclusively a women's problem. In its World Development Report 2012, the World Bank describes the forms of discrimination that still exist in many countries and that directly affect economic inequality between men and women. According to the World Bank, men and women still have different ownership rights in at least nine countries, and in many countries, women and girls still have fewer inheritance rights than men and boys. In addition, women continue to fare badly in the labour market generally. A stocktaking by the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) shows that almost 80 countries maintain restrictions on the types of work that women are permitted to undertake. Also according to UN-Women, at the global level, women's labour force participation rates have stagnated since the 1990s. Currently, only half of women are in the labour force compared to more than three quarters of men. Despite considerable regional variations, nowhere has this gender gap been eliminated: globally, women earn on average 24 per cent less than men. In one study of four countries, lifetime income gaps between women and men were estimated to be between 31 and 75 per cent.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 44
- Paragraph text
- Mr. Eide attached considerable importance to the policies of international financial institutions and was critical of IMF for adopting the position that it should not concern itself with income distribution. As noted earlier, the position of IMF today differs significantly. Mr. Eide criticized the role played by international financial institutions in reducing the power of the State, which he considered to have an essential role to play in ensuring equity in income distribution. In reflecting on the obligations of States in relation to efforts to reduce income inequality, Mr. Eide called for, inter alia, policies to ensure access to land and other productive assets; the provision of public services and other benefits as well as equality of opportunity for all; guarantees of non-discrimination in employment; the implementation of the Convention on the Elimination of All Forms of Discrimination against Women; and the provision of a functioning system of taxation (ibid., paras. 82-83).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 54
- Paragraph text
- At present, there is no explicitly stated right to equality, as such, under international human rights law. In order to ground equality as an organizing theme in this area of law, human rights bodies and commentators have relied on provisions such as those in the Universal Declaration of Human Rights that proclaim the equal rights of men and women (preamble), that all human beings are born free and equal in dignity and rights (art. 1) and that all are equal before the law and are entitled without any discrimination to equal protection of the law" (art. 7). These provisions have been paired with those dealing with non-discrimination, which is also considered to be one of the central and foundational principles of international human rights law. Virtually all of the core human rights treaties contain explicit provisions on non-discrimination. Also, for the most part, human rights bodies have been careful to emphasize that the norms of equality and non-discrimination require substantive and not just formal equality.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Extreme inequality and human rights 2015, para. 55
- Paragraph text
- However, in reading the jurisprudence generated by most of the treaty bodies, it is difficult to escape certain conclusions. First, article 3 of the International Covenants on Human Rights, which asserts equal rights for men and women, has perhaps not been given its fullest reading, especially in terms of access to resources. Second, for all of the attention given to affirmative obligations to eliminate discrimination, much of the work of the treaty bodies seems unduly confined to a focus on specific violations of non-discrimination. Linked to this is a reluctance to develop notions of distributive equality, which has been much debated in the literature, and would give an important added dimension to the effort to combat extreme inequality. Third, the right to equality needs to be given greater attention so that it is able to add substantively to the jurisprudence of international human rights bodies in ways that it has not, thus far. Finally, the Committee on Economic, Social and Cultural Rights has to date done all too little in practice, as opposed to its analysis in general comments, to explore what might be involved in the prohibitions in article 2 (2) of the International Covenant on Economic, Social and Cultural Rights against discrimination based on social origin, property or birth.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph