A/67/278 exclusion further hamper their ability to use justice systems. This vicious circle impairs the enjoyment of several human rights. 6. 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. 3 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). 7. 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). 4 8. 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. 9. 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 __________________ 3 4 4 The justice chain is the series of steps that a person has to make to access justice through the formal justice system or to claim their rights. The chain is complex and differs according to the case, the context and the type of legal system in place. It includes filing a claim, contact with the police, investigation, arrest/summons/bail, prosecution, court appearances and mediation/ adjudication. UN-Women, 2011-2012 Progress of the World’s Women: in Pursuit of Justice (2011), p. 48 (hereafter UN-Women Report 2011-2012). Various international human rights instruments specifically include the issue of access to justice for particular groups, for example, the Convention on the Rights of Persons with Disabilities (art. 13) and the Declaration on the Rights of Indigenous Peoples (arts. 5 and 40). Although groups that suffer from discrimination are overrepresented among the poor, the present report does not address their particular challenges, in favour of taking a broader view. 12-45806