A/HRC/40/62
Key components
15.
Access to justice is an essential right and a key prerequisite for the protection and
promotion of all other human rights (A/HRC/25/35, para. 3). It is a critical component of
the rule of law,11 incorporating the right to a fair trial, equal access to and equality before
the courts, and the seeking and obtaining of just, enforceable and timely remedies for
human rights violations (A/HRC/37/25). Thus, access to justice ensures that everyone,
without discrimination, shall have the right to an effective remedy for human rights
violations, the determination of which should be carried out by a competent authority
within the relevant State’s legal system.12
16.
Access to justice is an evolving concept which must embrace the needs of the
population that it serves. In this regard, the Convention on the Rights of Persons with
Disabilities calls for the elimination of barriers faced by persons with disabilities in
accessing justice on an equal basis with others (art. 13). It is this conceptualization of
access to justice that proves particularly critical for persons with albinism, a group that
continually experiences social ostracism, structural discrimination and, in various countries,
violent attacks and killings.
17.
Though it is generally recognized that criminal justice is a pressing issue, legal
surveys have found that the most frequent legal problems faced by people are civil ones. 13
Civil cases usually involve private disputes between persons, in which the claim is
instigated by a private party against another for harm suffered, as opposed to criminal cases,
which are often instigated by a prosecutor or other agent of Government. Discourse on
justice for persons with albinism has been largely premised upon a criminal justice response
to physical attacks. However, persons with albinism also continue to suffer many violations
of their social and economic rights and are often treated as second-class citizens. 14 For
instance, they often face discrimination in accessing employment, due to their disability and
colour. 15
18.
In addition, in its submission a civil society organization in Nepal noted that access
to education and skills training for persons with albinism was limited due to discrimination
based on their visual impairment and skin condition. Lack of government support for
persons with albinism often results in lack of education and unemployment. These persons
are thus considered to be a burden by family members and society. It is therefore critical to
recognize access to justice as an important avenue for persons with albinism for holding
Government accountable for the provision of, and removal of barriers to, socioeconomic
services.
19.
Access to justice requires the adoption of deliberate measures to reach those who are
most vulnerable, including devoting particular attention to the needs of women and children
with albinism, who bear the brunt of human rights violations (A/71/255). States need to
take all necessary steps to provide fair, transparent, effective, non-discriminatory and
accountable services that promote access to justice for persons with albinism. Such efforts
need to encompass procedural access to justice, such as effectively engaging in and using
the established legal system; substantive access, such as equitable and beneficial judicial
outcomes; and promotional access, such as understanding the needs of persons with
albinism and ensuring their empowerment within the legal system. 16
11
12
13
14
15
16
General Assembly resolution 67/1, paras. 14 and 16.
International Covenant on Civil and Political Rights, art. 2 (3).
Organization for Economic Cooperation and Development and Open Society Justice Initiative,
background paper for the expert workshop “Understanding effective access to justice”, Paris, 3–4
November 2016.
Submission from a stakeholder in Malawi.
Submission from a stakeholder in Cameroon.
Julinda Beqiraj, Lawrence McNamara and Victoria Wicks, Access to Justice for Persons with
Disabilities: From International Principles to Practice (International Bar Association, 2017).
5
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