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Access to justice for people living in poverty 2012, para. 4
- Paragraph text
- The indivisibility, interdependence and interrelatedness of human rights is often recalled and reiterated in human rights instruments and by human rights bodies, although frequently disregarded in practice. The interdependence of all human rights is unequivocal when considering the situation of persons living in poverty, which is both a cause and a consequence of a range of mutually reinforcing human rights violations. Eradicating extreme poverty not only requires improving access to housing, food, education, health services, water and sanitation, but also requires ensuring that persons living in poverty have the resources, capabilities, choices, security and power necessary to enjoy the whole spectrum of human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 5
- Paragraph text
- Access to justice is crucial for tackling the root causes of poverty, exclusion and vulnerability, for several reasons. First, owing to their vulnerability, persons living in poverty are more likely to fall victim to criminal or illegal acts, including sexual or economic exploitation, violence, torture and murder. Crime and illegality are also likely to have a great impact on their lives as it is hard for them to obtain redress and as a result they may fall further into poverty. Second, access to justice is important because justice systems can be tools to overcome deprivation, for example, by developing jurisprudence on social and economic rights. Third, when vulnerable persons cannot access justice systems, they are sometimes forced to take justice into their own hands through illegal or violent means, or to accept unjust settlements. Thus, fair and effective justice systems are an important way to tackle impunity and reduce violence and conflict. Fourth, the inability of the poor to pursue justice remedies through existing systems increases their vulnerability to poverty and violations of their rights. In turn, their increased vulnerability and exclusion further hamper their ability to use justice systems. This vicious circle impairs the enjoyment of several human rights.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 6
- Paragraph text
- Persons living in poverty have a right to access justice without discrimination of any kind, and a right to due process, understood as the right to be treated fairly, efficiently and effectively throughout the justice chain. States have assumed obligations in that regard, by committing themselves to respect, protect and fulfil several rights such as the right to an effective remedy (e.g., Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2.3; Convention on the Elimination of All Forms of Racial Discrimination, art. 6; Convention against Torture, arts. 13 and 14); the right to equality before the courts and tribunals (e.g., International Covenant on Civil and Political Rights, art. 14.1); the right to a fair trial (e.g., Universal Declaration of Human Rights, art. 10; International Covenant on Civil and Political Rights, arts. 14-15); the right to legal assistance (e.g., Universal Declaration of Human Rights, art. 11.1; International Covenant on Civil and Political Rights, art. 14.3 (b)-(d)); and the right to equality and equal protection of the law (e.g., Universal Declaration of Human Rights, art. 7; International Covenant on Civil and Political Rights, art. 26).
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 7
- Paragraph text
- In addition, several other rights are also relevant, such as to enjoy rights without discrimination (e.g., Universal Declaration of Human Rights, art. 2; International Covenant on Civil and Political Rights, art. 2; International Covenant on Economic, Social and Cultural Rights, art. 2); the right to recognition as a person before the law (e.g., Universal Declaration of Human Rights, art. 6; International Covenant on Civil and Political Rights, art. 16; Convention on the Elimination of All Forms of Discrimination against Women, art. 15; Convention on the Rights of Persons with Disabilities, art. 12); and the right to seek and receive information (e.g., International Covenant on Civil and Political Rights, art. 19.2).
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 8
- Paragraph text
- The right to an effective remedy is a key element of human rights protection and serves as a procedural means to ensure that individuals can enforce their rights and obtain redress. The lack of effective remedies for violations of human rights such as discrimination is still a pressing reality in many jurisdictions, as is the lack of judicial protection for economic, social and cultural rights. However, this concept entails more than improving access to judicial and adjudicatory mechanisms. It also implies that remedies must be effective and legal, and that judicial outcomes must be just and equitable. The right to an effective remedy also includes reparation, restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 10
- Paragraph text
- The principle of equality and non-discrimination obliges States to take measures to ensure that all individuals are entitled to equal access to judicial and adjudicatory mechanisms without distinction on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that all parties in judicial or legal proceedings are treated without any discrimination. The principle of equality and non-discrimination extends to prevent discrimination on the basis of social and economic status, as implied in the phrase "other status".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 11
- Paragraph text
- Thus, States have an obligation to construct a legal and institutional framework which facilitates access to independent and effective judicial and adjudicatory mechanisms and ensures a fair outcome for those seeking redress, without discrimination of any kind. However, guaranteeing de jure access to judicial and adjudicatory mechanisms is not sufficient to ensure that all individuals have de facto access to justice. States must also take positive measures to ensure laws and policies are substantively non-discriminatory, including measures to eliminate conditions which cause or help to perpetuate discrimination. In many instances, laws, policies and procedures may indirectly discriminate against, or have a disproportionate impact upon, persons living in poverty. In addition, various extralegal factors also limit or obstruct their de facto access to justice.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 12
- Paragraph text
- To ensure that the poor have de facto enjoyment of the rights to an effective remedy, equality before the courts and a fair trial, States must take effective measures to remove any regulatory, social or economic obstacles that impede or hamper persons living in poverty from accessing remedies and securing a fair and equitable outcome in any judicial or adjudicatory process. This includes removing obstacles imposed by the unequal economic or social status of those seeking redress, taking into account the principles of equality before the courts and equality of arms, which are integral parts of due process.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 14
- Paragraph text
- The existence of significant socioeconomic inequality between the parties in a proceeding requires States to adopt all necessary measures to help to reduce or eliminate the deficiencies that impair or diminish the effective protection of the rights at stake. If such measures are not taken, those who are socially or economically disadvantaged do not enjoy a real opportunity for justice or the benefits of due process of law in an equal manner. These obligations arise in civil and criminal cases and in pretrial stages of the justice chain, when the rights of persons living in poverty are also at stake.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 15
- Paragraph text
- Even in the most developed countries, legal disempowerment is rife and persons living in poverty do not have full de jure or de facto access to justice. Around the world, persons living in poverty face a range of obstacles in claiming and enforcing, or contesting violations of, their rights. Such obstacles not only imply violations of their rights to a remedy and due process, but also undermine their ability to enjoy other human rights equally and without discrimination. States, therefore, are under an obligation to eliminate obstacles which frustrate the efforts of the poorest and most vulnerable to access justice. Effective enforcement of and compliance with judicial rulings in favour of persons living in poverty are also essential to ensure that persons living in poverty can benefit from the law.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 16
- Paragraph text
- The Special Rapporteur chose to focus the present report on obstacles to access to justice, because overcoming such obstacles is fundamental to improving the situation of the poorest and most vulnerable, and empowering them to claim their rights. The report is based on the understanding that meaningful access to justice for persons living in poverty does not depend only on legal tools or access to legal services, lawyers and courts, but also requires a more comprehensive and holistic approach that takes into account broader structural, social and economic factors.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 17
- Paragraph text
- Some of the obstacles that persons living in poverty face, such as the cost of legal advice, administrative fees and other collateral costs, relate directly to their lack of financial resources. Other obstacles, including lack of access to information and lack of legal recognition arise out of discrimination against the poorest and most marginalized. Furthermore, institutional and structural obstacles are found in the design and operation of justice systems; these include the inadequate capacity and resources of courts, the police and prosecution corps, the corrupt practices therein, and the location of courts and police stations. Poor functioning of the justice system particularly affects the poor, because pursuing justice requires a much greater effort and investment in terms of money and time for them, while their chances of a just and favourable outcome are worse. The deprivations that persons living in poverty encounter throughout their lives - lack of access to quality education, reduced access to information, limited political voice and social capital - translate into lower levels of legal literacy and awareness of their rights, creating social obstacles to seeking redress.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 19
- Paragraph text
- Thus, persons living in poverty face significant barriers that seriously impede or discourage them from seeking justice. Those barriers include the following.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 20
- Paragraph text
- 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.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 26
- Paragraph text
- 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. 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 29
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 32
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 33
- Paragraph text
- 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 public services as they lack legal identity. With more than 50 million births going unregistered every year, the lack of formal registration is a considerable barrier to legal recognition before the law, which has a disproportionate impact on the poorest and most marginalized. Without recognition, individuals are unable to access social services or to access courts to seek remedies for violations of their human rights.
- 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
- All
- Children
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 45
- Paragraph text
- Often, police officers, court staff and other justice sector personnel reflect the discriminatory attitudes of the wider society and are not adequately trained to perform their roles without discrimination or bias against persons living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 72
- Paragraph text
- Persons living in poverty are unfamiliar with, and often intimidated by, regulations regarding dress codes, the hierarchy of the court system, confrontational courtroom design, and traditions about when to sit, stand and address the judge. As a result, they are in an unequal and disadvantaged position before they even walk into the courtroom.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 79
- Paragraph text
- Legal standing is the gateway for access to justice. To have access to the formal judicial system, it is necessary that the courts extend legal standing without discrimination, ensuring that all receive equal treatment when bringing claims, protesting violations or seeking remedies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 87
- Paragraph text
- The complexity of plural legal orders is likely to privilege those who are well informed and wealthy, and disadvantage those who are poor or marginalized, as often occurs in the formal State justice system. Moreover, informal justice mechanisms can act as a barrier to meaningful justice, particularly for the poorest and most disadvantaged community members, often reinforcing existing power structures and promoting elite domination and influence. In some cases, non-State justice mechanisms prioritize the interests of the community over the interests of the individual, which may have the effect of exacerbating the situation of the worst off in the community. Rarely do informal mechanisms take into account the legal rights of the individuals involved or consider international human rights standards.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 91
- Paragraph text
- States have a legal obligation to ensure that all individuals are able to access competent, impartial judicial and adjudicatory mechanisms equally and without discrimination. Access to justice is not only a fundamental right in itself, but it is an essential prerequisite for the protection and promotion of all other civil, cultural, economic, political and social rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 92
- Paragraph text
- Access to justice is essential for tackling poverty and protecting the human rights of persons living in poverty. Even mature democracies with well-functioning State institutions and technically inclusive and fair legal systems struggle to ensure de facto equal access to justice by those living in poverty. When the poor are unable to access justice equally and without discrimination, they are prevented from enjoying and claiming their human rights, and from seeking remedies to violations of their rights. This may exacerbate their situation, or frustrate their efforts to move out of poverty.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 93
- Paragraph text
- The principle of the indivisibility and interdependence of human rights requires States to address a range of intersecting and mutually reinforcing deprivations and obstacles which prevent access to justice for the poorest.
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that civil society and community-based organizations are able and supported to advocate for the rights and inclusion of persons living in poverty, undertake non-formal legal education, disseminate general legal information and serve as independent monitors of judicial systems
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take positive measures to raise the capacity of poor and disadvantaged groups to ensure that they have full understanding of their rights and the means through which they can enforce them
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure access to free and competent civil legal assistance for persons living in poverty where the enjoyment of human rights - civil, political, economic, social and/or cultural - is at stake
- 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
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Actively disseminate legal and judicial information, for example about laws, legal decisions and policy decisions, to all without charge and in multiple formats and languages
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure the possibility of strategic (public interest) litigation to challenge national laws or policies, to demand enforcement of existing laws or to strike down discriminatory laws that affect the poor
- 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
- All
- N.A.
- Year
- 2012
Paragraph