A/HRC/21/39 have no accessible means of challenging infringements of their rights, such as unsafe or unsanitary conditions, abuse or lengthy delays. Fines imposed on persons living in poverty have a disproportionate impact on them, worsen their situation and perpetuate the vicious circle of poverty. Homeless persons in particular are frequently subject to restrictions on their freedom of movement and criminalized for using public space. 66. States should: (a) Assess and address any disproportionate effect of criminal sanctions and incarceration proceedings on persons living in poverty; (b) Ensure that, to the greatest extent possible, bail processes take into account the economic and societal circumstances of persons living in poverty; (c) Repeal or reform any laws that criminalize life-sustaining activities in public places, such as sleeping, begging, eating or performing personal hygiene activities; (d) Review sanctions procedures that require the payment of disproportionate fines by persons living in poverty, especially those related to begging, use of public space and welfare fraud, and consider abolishing prison sentences for non-payment of fines for those unable to pay. C. Right to equal protection before the law, access to justice and effective remedies 67. Persons living in poverty are often unable to access justice or to seek redress for actions and omissions that adversely affect them. They encounter a variety of obstacles, from being unable to successfully register initial complaints owing to costs or legal illiteracy, to court decisions in their favour remaining unimplemented. Power imbalances and the lack of independent, accessible and effective complaint mechanisms often prevent them from challenging administrative decisions that adversely affect them. Without effective access to justice, they are unable to seek and obtain a remedy for breaches of domestic and international human rights law, exacerbating their vulnerability, insecurity and isolation, and perpetuating their impoverishment. 68. States should: (a) Establish effective, affordable and accessible procedures, including nonformal dispute resolution mechanisms, in accordance with human rights standards, to support persons living in poverty seeking justice, taking into account the specific barriers that they face gaining accessing justice; (b) Provide, for criminal cases and also civil cases affecting the rights of the persons living in poverty, high-quality legal aid systems and expanded legal services for those unable to afford the cost of legal representation; (c) Put in place measures to ensure that legal fees and court fees (such as for filing complaints) are waived for those who cannot afford them; (d) Ensure that persons living in poverty have access to remedies in cases of discrimination on the basis of their socioeconomic situation; (e) Invest in training judges, lawyers, prosecutors and law enforcement officials in meeting the specific needs of various groups living in poverty, and to increase their capacity to perform their roles without discrimination; 13

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