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;
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