A/HRC/23/43
extrajudicial procedures, the provision of legal information and education to the population
and the development of self-representation mechanisms.
(iv)
Legal aid for women, children and groups with special needs
80.
The right to equality before the courts and tribunals as enunciated in article 14,
paragraph 1 of the International Covenant on Civil and Political Rights aims to guarantee
equal access to the administration of justice. This provision not only requires States to
prohibit any distinction with regard to access to courts and tribunals that are not based on law
and cannot be justified on objective and reasonable grounds, but also requires them to take
positive measures to ensure that no individual is deprived of his or her right to claim justice.
81.
In a previous report, the Special Rapporteur noted that the lack of public policies to
eliminate obstacles to access to justice for all has a greater impact on groups in a vulnerable
situation or living in extreme poverty, or who are culturally, economically or socially
disadvantaged.40 In order to ensure equal and effective access to legal aid for those lacking
sufficient means, legal aid must be provided to all persons regardless of age, race, colour,
sex, language, religion or belief, political or other opinion, national or social origin or
property, citizenship or domicile, birth, education or social status or other status.
82.
In order to guarantee equal and effective access to legal aid to everyone, special
measures should be developed and taken to ensure meaningful access to legal aid for
women, children and groups with special needs, including, but not limited to, the elderly,
minorities, persons with disabilities, persons with mental illnesses, persons living with HIV
and other serious contagious diseases, drug users, indigenous and aboriginal people,
stateless persons, asylum seekers, foreign citizens, migrants and migrant workers, refugees
and internally displaced persons. Such measures should address the special needs of these
groups, including gender-sensitive and age-appropriate measures.41 The development of
joint strategies to guarantee a more comprehensive, equitable and sustainable system of
legal aid is important to ensure that these individuals have prompt access to the tools
necessary to claim their rights.
83.
In a previous report, the Special Rapporteur noted that legal services designed to
meet the particular needs of women were still rare, particularly for women living in
poverty. In the area of free legal aid, for example, the Special Rapporteur found that women
were in competition with men for resource allocations, and those resources were in any case
provided for a single type of service, regardless of the fact that needs could differ.42 To
improve access to legal aid for women, guideline 9 of the United Nations Principles and
Guidelines recommends incorporating a gender perspective into all policies, laws,
procedures, programmes and practices relating to legal aid; taking steps to ensure that,
insofar as possible, female defendants, accused and victims are assisted by female lawyers;
and providing legal aid, advice and court services in all legal proceedings to female victims
of violence so as to ensure access to justice and avoid secondary victimization.
84.
Access to justice for children requires that all children, however they come into
contact with the law, be able to participate fully in legal proceedings. While enjoying the
same guarantees as adults, children require special protection, as their best interests are
paramount.43 A recent report showed that legal systems can be immensely confusing and
difficult, if not impossible, to navigate for children, especially without the help of a legal
40
41
42
43
A/HRC/8/4, para. 48.
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems,
principle 10.
A/HRC/8/4, para. 51.
Ibid., para. 53.
17
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