Justice Access Is Human Right - Women in Poverty Challenges -

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In her report the Special Rapporteur on Extreme Poverty highlights the particular problems faced by women in seeking justice and formal legal redress.

 

JUSTICE ACCESS IS HUMAN RIGHT FOR ALL, INCLUDING THOSE IN EXTREME POVERTY - WOMEN - UN SR POVERTY

NEW YORK (5 November 2012) – “Access to justice is a human right in itself, and essential for tackling

 the root causes of poverty” said today the United Nations Special Rapporteur on extreme poverty, 

Magdalena Sepúlveda, in her report to the UN General Assembly*. “Without access to justice, people 

living in poverty are unable to claim their rights, or challenge crimes, abuses or violations committed against 

them, trapping them in a vicious circle of impunity, deprivation and exclusion.”

The UN expert emphasized the many obstacles faced by those living in poverty in seeking legal redress 

through the formal judicial system. They include a lack of financial resources and awareness of legal rights;

fear of reprisal or further stigmatization; and inadequate capacity of the judicial system (often resulting in 

under-prioritization of cases and the imposition of unaffordable fees). These obstacles are compounded by 

deeply entrenched societal prejudices and stereotypes against the poor.

“There are a number of worrying trends impeding those living in poverty from enjoying the same rights 

as others in accessing justice” said Ms. Sepúlveda. In her report she highlights the particular problems

 faced by women in seeking formal redress. “Inadequate legal frameworks fail to recognise the financial 

impediments they often suffer as well as social and cultural constraints which may prevent them from 

speaking out against abuses or seeking justice” said the UN expert.

She also notes that “the provision of free and competent legal advice and assistance to those who are 

otherwise unable to afford it is a fundamental prerequisite for ensuring that all individuals have fair and 

equal access to judicial and adjudicatory mechanisms”. Ms. Sepúlveda highlighted the need for States 

“to ensure that free legal aid is provided in both civil and criminal cases where the rights and interests 

of persons living in poverty are at stake”.

While the world continues to suffer the consequences of the global financial crisis, with persons living 

in poverty enduring the most devastating impacts, the Special Rapporteur opened her statement today 

by welcoming the adoption of the Guiding Principles on extreme poverty and human rights (see below) 

by the UN Human Rights Council in September 2012.

“This is a small but significant step forward,” the expert said. These Principles could play a key role in 

protecting and empowering those who are hit hardest by the global economic crisis, by tackling obstacles 

which obstruct their enjoyment of rights, including access to justice.”

“The Guiding Principles provide the first global policy guidelines applying States’ human rights obligations 

to the specific situation of people living in poverty,” said Ms. Sepúlveda. “This is a practical tool for 

policy-makers to ensure that public policies (including poverty eradication efforts) reach persons living in 

poverty and respect and uphold all their rights.”

The independent human rights expert called upon the UN General Assembly to endorse the Principles 

and take concrete measures to ensure their widest dissemination and implementation at the domestic level.

Magdalena Sepúlveda (Chile) was appointed as the Special Rapporteur on extreme poverty and human 

rights in May 2008 by the United Nations Human Rights Council. She is independent from any government 

or organization. 

Learn more, visit: http://www.ohchr.org/EN/Issues/Poverty/Pages/SRExtremePovertyIndex.aspx

[headlines] Human rights-based perspective is urged in prosecuting crimes of trafficking in persons

OHCHR, 26 July 2012 -- “Human rights of trafficked persons are often not the primary consideration in the pursuit of effective criminal justice responses to trafficking,” Joy Ngozi Ezeilo, the Special Rapporteur on trafficking in persons, especially women and children said, presenting her report to the Human Rights Council.

CUFARI/BWShe urged States to prosecute trafficking and related acts using a human rights-based perspective. In order to effectively combat and prevent trafficking in persons, it is essential to criminalize the conduct of trafficking and related acts through “clear, enforceable and comprehensive” legislation, while ensuring effective protection of the victim.

She noted that efforts to identify trafficked persons as victims who deserve protection are often complicated by the fact that victims may be “imperfect”; they may have committed crimes or have criminal records.

Joy Ngozi Ezeilo urged that they should not be prosecuted for offences relating to their status as victims of trafficking victims, for it destroys trust and re-traumatizes the victims.

Victims who have criminal records may also face difficulties in recovery and reintegration.

Timely and efficient identification of victims is central to the criminalization of trafficking, as it strengthens the ability of law enforcement officials to prosecute traffickers effectively and is fundamental in terms of being able to provide victims with the necessary support.

She further acknowledged the work of victim support agencies working on the ground as they are the first to come into contact with trafficked persons and thereby serve a key function.

The Special Rapporteur stated that support services to trafficked persons must be designed and delivered in a manner that is compatible with a human rights-based approach. An approach that requires an analysis of the ways in which human rights violations arose throughout the trafficking cycle as well as States’ obligations under international human rights law.

The approach further seeks to both identify and redress the discriminatory practices and unjust distributions of power that underlie trafficking, maintain impunity for traffickers and deny justice to victims of trafficking. A human rights-based approach also identifies victims as rights holders and their entitlements.
Some States have linked the provision of assistance and protection to cooperation with national criminal justice agencies, the Special Rapporteur strongly believes that “support and protection should not be made conditional on the victim’s capacity or willingness to cooperate in legal proceedings”.

She is also concerned by practices where victims are mandatorily detained in shelters. In particular, she considers the routine detention of women and children in shelter facilities “discriminatory and unlawful”.

The Special Rapporteur offered a number of recommendations, including criminalization of trafficking and related acts in accordance with international law and standards; non-criminalization of trafficked persons for status-related offences; building the capacity of front-line officials to identify trafficking victims accurately; and encouraging greater coordinated collaboration between criminal justice and victim support agencies.

Finally, warning that “certain laws and policies may have unintended negative consequences for victims of trafficking”, the Special Rapporteur recommended that States should “include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and age-based perspectives into investigations and prosecution”.

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