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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. 94
- Paragraph text
- It is crucial to construct an inclusive justice system that is close to the people, both socially and geographically. Ensuring access to justice for the poor requires well-functioning judicial systems and laws that do not solely reflect the interests of wealthy and more powerful groups but also take into account income and power imbalances. Reforms must be implemented with the effective and meaningful participation of persons living in poverty.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- 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:] Expand the geographical reach of the justice system (police, prosecutors, courts, legal aid, etc.) in particular in rural and remote areas, by: Considering innovative measures such as mobile courts, one-stop justice shops, street clinics and homeless courts to increase practical access to justice for persons living in poverty, particularly the homeless and those living in rural communities
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- 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 strong measures to eliminate corrupt practices in the justice system and in law enforcement, including the solicitation of bribes; such measures might include legislation criminalizing all forms of corrupt acts, dedicating resources to policing and prosecuting corrupt officials, requiring judges to make declarations of the assets, improving the working conditions and salaries of police and judicial officers, and improving mechanisms to ensure the transparency of judicial processes
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- 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:]
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Provide free interpreters in civil and criminal cases for those who require but cannot afford them
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that laws give due weight and consideration to the interests of persons living in poverty and the abuses which affect them
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- 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 the effective enforcement of judgements and compliance with judicial rulings in favour of persons living in poverty
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- 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:] Allow and support collective litigation when structural or systemic issues affect the rights of persons living in poverty
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Enhance legal skills and knowledge within local communities by, for example, funding and training quality paralegals at the local level
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Make all efforts necessary to register all children immediately after birth, and identify and remove barriers that impede the access of the poor to registration, in particular groups that suffer multiple forms of discrimination; registration must be free, simple and available at the local level
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Put measures in place to ensure that legal, administrative and procedural fees relating to access to justice are waived for those who cannot afford them, including in small claims cases
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure maximum use of available resources to provide progressively prompt and effective procedures to allow persons living in poverty to seek financial assistance to cover travel, accommodation and other costs associated with engaging with the justice system
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- 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 persons living in poverty have practical and effective access to competent legal advice and assistance when needed for the protection of their human rights, including by making available sufficient resources to provide high-quality legal aid
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- 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 legal aid is promptly provided to all arrested or detained persons who cannot afford to retain a lawyer; free legal assistance should be available at all stages of the criminal justice process, including during initial questioning and pretrial detention
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- 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:] Support mechanisms for alternative dispute resolution, where appropriate and in line with international human rights standards, ensuring that such mechanisms do not pose an obstacle to accessing the formal justice system for those that need or prefer it
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that informal justice systems operate in a manner consistent with human rights standards and that there are regulatory mechanisms to prevent and sanction abuses of power and corruption
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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:] Ensure that legal aid application procedures take into account the individual experiences, needs and constraints of the poor; eligibility must not be assessed on the basis of household income where the applicant does not have practical access to household resources
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Allocate sufficient financial and human resources to ensure the efficient and effective functioning of all organs of the judicial system, including police stations, prosecution corps and courts
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take measures to reduce the complexity of legal processes and minimize and streamline rules and procedures to make them more accessible for those unfamiliar with the traditions and rules of those processes
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Take measures to ensure broader criteria for standing in courts, allowing civil society organizations and national human rights institutions to bring cases on behalf of or in support of persons living in poverty
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- 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:] Expand the geographical reach of the justice system (police, prosecutors, courts, legal aid, etc.) in particular in rural and remote areas, by: Taking steps to improve the physical accessibility of courthouses and police stations in order to ensure that persons with disabilities and others experiencing mobility issues are able to access them
- 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
- Persons with disabilities
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Allow class action suits, or alternative mechanisms for bundling claims, and in relevant areas permit socially relevant litigation to have erga omnes effects, to ensure that those who do not have access to courts can benefit from judicial decisions
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Ensure that lack of financial resources does not negatively affect a person's chances of accessing justice in a fair and equal way during pretrial detention, for example regarding bail procedures, conditions of detention or accessing legal assistance
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph