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