A/67/278
Formalism
• 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
Differences in language and culture
• Ensure that, in linguistically plural societies, court processes operate in
languages used by the poorest communities where necessary and can
adapt to intercultural communication
• Provide free interpreters in civil and criminal cases for those who require
but cannot afford them
Legal standing
• Ensure that courts extend legal standing without discrimination to all
persons regardless of, inter alia, their gender, ethnicity, legal status or lack
of formal legal registration
• 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
• Allow and support collective litigation when structural or systemic issues
affect the rights of persons living in poverty
Limited impact of litigation
• 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
• 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
Informal justice systems
• 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
• 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
• Ensure that serious crimes, including gender-based crimes or sexual
violence, are dealt with within the formal justice system
• Continue to extend and expand equal access to the formal justice system
for persons living in poverty, even in areas where non-State legal orders
operate
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