Search Tips
sorted by
30 shown of 732 entities
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. 9
- Paragraph text
- The right to equality before the courts and tribunals and the right to a fair trial consist of a complex set of rules and practices that include the right to a fair and public hearing within a reasonable time and respect of the principles of equality of arms and presumption of innocence, among others. While the rules regarding due process are included in several provisions of international human rights treaties, of particular relevance is article 14 of the International Covenant on Civil and Political Rights, which provides that "all persons shall be equal before the courts and tribunals" in criminal and civil cases and creates an obligation upon States to ensure that everyone has access to "a fair and public hearing by a competent, independent and impartial tribunal established by law" in "the determination of any criminal charge against him or of his rights and obligations in a suit at law".
- 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. 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. 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. 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. 24
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 28
- Paragraph text
- 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 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.
- 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. 31
- Paragraph text
- 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.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- 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. 35
- Paragraph text
- Persons living in poverty face obstacles in each of the steps that they must take to seek redress through the formal justice system.
- 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. 36
- Paragraph text
- As the majority of the world's poor live outside of urban centres, with many of the most marginalized living in remote, hard-to-reach areas, the lack of nearby police centres and the centralization of national justice systems constitute serious obstacles to their accessing justice.
- 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. 37
- Paragraph text
- While police deployment can be problematic when communities living in poverty are disproportionately targeted, the absence of police and other institutions necessary for the administration of justice in rural, poor and marginalized areas is a common problem. Courthouses, particularly appeal courts, are often located only in capital cities or large towns. Police officers, prosecutors and lawyers are also concentrated in urban areas, along with registries for land titling and for births, deaths and marriages. In such circumstances, persons living in poverty often have to travel long distances at great cost to engage with the justice system, exposing themselves to unfamiliar environments and unsafe conditions.
- 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. 40
- Paragraph text
- Persons living in poverty, particularly those with disabilities or older persons, may experience additional obstacles in accessing justice when courts and police stations are not appropriately designed, and when court processes are not adaptable. For example, many judicial systems are heavily reliant on paper forms and written submissions, and on the presentation of oral evidence. Often, police stations and courts are not wheelchair accessible. Where measures are not in place to enable judicial bodies to adapt their processes for those in need, including by providing aid to defendants, claimants, witnesses and jurors who require it, such persons are excluded from accessing and benefiting from the justice system.
- 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
- Older persons
- Persons with disabilities
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 41
- Paragraph text
- Shortfalls in financial and human resource allocations to courts, the police and prosecution corps, and insufficient training and capacity-building for judicial and law enforcement officers translate into failures in the judicial system which infringe upon access to justice. Such failures, including delays (see paras. 68-69 below), flawed or insufficient evidence-gathering, lack of enforcement, and abuse, undermine the effective functioning of judicial and adjudicatory mechanisms and have a disproportionate impact on and undermine the human 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
- 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. 46
- Paragraph text
- The background and daily experience of justice sector staff, especially judges, are often very different from those of persons living in poverty, and this often means that, without proper training and sensitization, they do not understand and value their views, choices, behaviours or problems. Persons living in poverty may be denied access to impartial justice owing to negative stigma and stereotyping from judges, prosecutors and police.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 47
- Paragraph text
- Police forces are the primary and most common interface with the justice system for persons living in poverty. All too often, however, police actions and procedures act as a barrier to meaningful access to justice for persons living in poverty and they are treated as potential criminals, rather than as rights-holders whose access to justice must be supported and facilitated.
- 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. 48
- Paragraph text
- Across developing and developed countries, incarceration rates are extremely high for persons living in poverty. Disproportionately high numbers of them are arrested, detained and imprisoned as a result of law enforcement officials' frequent use of poverty, homelessness or disadvantage as an indicator of criminality, and they encounter considerable obstacles in manoeuvring within or exiting the criminal justice system.
- 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. 49
- Paragraph text
- The provision of bail pending trial is often subject to stringent and onerous conditions. In the vast majority of cases, those requirements are impossible to meet for the poorest. Therefore, they are more likely to remain in detention pending trial. This dramatically increases the likelihood that they will ultimately be convicted: not only does it put them in a vulnerable position, in which they will be more inclined to accept unfair "plea deals" or to make admissions of guilt in order to secure a swifter release, it also impedes their ability to liaise with lawyers or obtain character witnesses, and causes them to lose their employment or social housing, thereby creating a disincentive for the court to give a suspended or community sentence.
- 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. 50
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention and incarceration can lead to loss of income and employment and often temporary or permanent withdrawal of social benefits. Their families, particularly their children, are also directly affected. Therefore, criminal justice systems predicated on detention and incarceration, even for minor non-violent crimes, can themselves represent a significant obstacle to access to justice for persons living in poverty. Those who are poor and vulnerable are likely to leave detention disproportionately financially, physically and personally disadvantaged.
- 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
- Families
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 52
- Paragraph text
- Costs are particularly burdensome in criminal cases, where defendants must often put up large sums of money to be granted bail, or risk long periods of pretrial detention, during which they may have to pay for food or telephone use. Those fees can have the effect of prolonging an individual's detention and exacerbating the conditions in which he or she is detained. Moreover, they result in a situation in which criminal defendants with financial means are in a much more favourable position than those without.
- 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. 57
- Paragraph text
- In many countries, partly owing to overstretched and underfunded judicial systems, corruption is rife throughout police forces and prosecution corps, and among judicial officials. Illicit payments and favours enable those with financial and social capital to access the justice system with greater efficiency and effectiveness, and even to secure a certain outcome. In contrast, persons living in poverty, who cannot afford to pay bribes for services that should be free, have their claims and cases delayed, denied or discontinued.
- 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. 59
- Paragraph text
- Persons living in poverty are not only denied access to justice when they are unable to meet the cost of bribes or of engaging in other corrupt activities, but they are also deterred from accessing the justice system when they perceive the system to be corrupt.
- 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