A/67/278
90. Despite challenges in informal justice systems, it is also important to note that
State attempts to suppress the use of such systems can have severely detrimental
effects on access to justice by the poor.
IV. Conclusions and recommendations
91. 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.
92. Access to justice is essential for tackling poverty and protecting the
human rights of persons living in poverty. Even mature democracies with wellfunctioning 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.
93. 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.
94. 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.
95. 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.
20
12-45806