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public services as they lack legal identity. With more than 50 million births going
unregistered every year, 13 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.
34. Persons living in poverty face greater and disproportionate barriers and
disincentives in accessing registration services, which are often geographically distant
for them, time-consuming and unaffordable. The travel costs to access registration
services are added to relatively high fees charged for the issuance of identity
documents and to the working time lost. These costs are more burdensome for the
poor.
C.
Institutional and structural obstacles in the justice chain
35. Persons living in poverty face obstacles in each of the steps that they must take
to seek redress through the formal justice system.
Location and physical accessibility
36. 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.
37. 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.
38. 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.
39. The geographical remoteness of justice mechanisms for persons living in
poverty can also exacerbate their situation and lead to violation of other human
rights. Those without easy and immediate access to law enforcement officials are
unable to seek immediate redress or protection from violence, abuse and
exploitation, and will have greater difficulty in contesting land issues and forced
evictions. The police may be less likely to pursue complaints if they have to travel
long distances to do so, particularly where resources are scarce.
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10
United Nations Children’s Fund (UNICEF), information available at www.unicef.org/
factoftheweek/index_53718.html.
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