A/HRC/40/62
the freedom to manifest beliefs are permitted if such restrictions are prescribed by law and
are necessary to protect public safety, order, health or morals, or the fundamental rights and
freedoms of others.23
25.
At the regional level, the African Charter on Human and Peoples’ Rights
encompasses essential elements of the right to fair trial. The African Union has adopted the
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, which
set forth the right to equal access to lawyers and free legal aid.
26.
Article 9 of the Protocol to the African Charter on Human and People’s Rights on
the Rights of Persons with Disabilities in Africa obliges States to undertake appropriate and
effective measures to ensure that persons with disabilities have access to justice on an equal
basis with others, including through the provision of procedurally and age- and genderappropriate accommodations, in order to facilitate their effective roles as participants in all
legal proceedings.
27.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa (Maputo Protocol) provides in article 23 for special protection for women
with disabilities by specifically noting that such women have the right to freedom from
violence, including sexual abuse, freedom from discrimination based on disability and the
right to be treated with dignity. Article 8 emphasizes effective access to justice and equal
protection of the law for women.
28.
The Charter of Fundamental Rights of the European Union and the American
Convention on Human Rights both echo the above-mentioned regional and international
standards on access to justice and reiterate that this right encompasses free and equitable
legal assistance.
29.
Globally, Member States have consented to ensure equal justice for all (Sustainable
Development Goal 16) and pledged to leave no one behind, beginning with the furthest
behind first. This aspiration is critical for persons with albinism, who constitute some of the
poorest and most marginalized and are often left out of policy decisions for critical sectors,
including access to justice.
30.
The potential of international and regional human rights frameworks in ensuring
equal access to justice for persons with albinism remains underutilized. There is therefore
ample opportunity to use the current human rights framework to develop specific State
policies and practices that address the specific needs of persons with albinism within the
justice system, as well as to strengthen the efficacy with which the concerns of persons with
albinism are addressed.
IV. Barriers in accessing justice
Social and cultural barriers
31.
Various sociocultural and financial barriers inhibit access to justice for persons with
albinism, including stigma and discrimination, lack of family support as well as the direct
and indirect costs of accessing justice, all of which lead to social ostracism. Such societal
exclusion and stigmatization inhibit knowledge of and access to the justice system. Social
stigma within society also predisposes key stakeholders in the justice system against
persons with albinism. Hence, some key actors in the justice system have prejudices and
respond to stereotypes that prevent a safe and enabling environment for persons with
albinism to access justice. Consequently, persons with albinism are more likely to
experience poverty arising from social exclusion. In some countries, the stigma also affects
their families, further hindering their socioeconomic opportunities.
32.
In this context, limited financial capacity has been cited as a critical factor hindering
persons with albinism from accessing justice, including from reporting or availing
23
Human Rights Committee, general comment No. 22 (1993) on freedom of thought, conscience and
religion.
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