A/HRC/15/41
access justice and seek redress for actions and omissions that adversely affect them. They
encounter a variety of obstacles, from being unable to successfully register initial
complaints to having court decisions given in their favour not implemented, or only
partially implemented. Even when free legal assistance is available, discrimination,
linguistic barriers or fear of reprisals are powerful obstacles for persons living in poverty
seeking justice and redress. Without effective access to justice, they are unable to seek and
obtain a remedy for breaches of domestic law and human rights standards, exacerbating
their vulnerability, insecurity and isolation, and perpetuating their impoverishment.
72.
P.
A revised version of the draft guiding principles should:
•
Recall State obligations to take all necessary measures to ensure that those
living in poverty have equal access to justice, and that justice is dispensed
fairly, speedily and without discrimination of any kind.
•
Recommend that States expand justice systems and establish accessible
procedures, including non-formal dispute resolution mechanisms, in
accordance with human rights standards, to support persons living in
extreme poverty who are seeking justice. Such measures must take into
account the limited capacity of persons living in extreme poverty to pay for
services, the congestion in court systems and the efficacy of informal and
alternative dispute resolution mechanisms.
•
Reaffirm that rights enshrined in international human rights instruments,
including economic, social and cultural rights, must be justiciable within the
domestic legal order.
•
Recommend investment in training for judges, lawyers and law enforcement
officials in the use of local languages and in addressing the specific needs of
different groups living in extreme poverty.
•
Recommend the adoption of special measures to ensure the safety and
security of persons seeking the support of the justice system.
Right to an adequate standard of living, including access to food
73.
Inadequate standards of living are a constituent part of extreme poverty. Persons
living in extreme poverty are often denied the right to adequate food and safe drinking
water which are essential for human survival, physical development, maintenance, and
physical activity.
74.
Lack of income through employment, social security support, or the support of other
social protection measures frequently results in the exposure of persons living in extreme
poverty to hunger or an inadequate diet.
75.
The prevalence of an inadequate standard of living is related to limited or insecure
means of livelihood. Often the price of basic commodities is a major obstacle in urban areas
while rural communities usually rely heavily on access to natural resources to provide for
themselves and their families. However many, such as women, indigenous peoples and
small agriculture producers, lack legally enforceable and sustainable control over,
management of, and access to such resources.
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