A/HRC/8/4
page 27
expressed their esteem and admiration for Sergio Vieira de Mello. The terrorist’s execution made
it impossible to obtain any testimony that might shed light on the attack. The gravity of this act,
its enormous significance for the victims’ families, and for the credibility of the United Nations,
and the flagrant violation of the right to the truth, merit the special attention of the Human Rights
Council.
V. CONCLUSIONS
58. As a fundamental human right, access to justice is the individual’s gateway to the
various institutional channels provided by States to resolve disputes. Thus, in addition to
refraining from violating that right, States are also bound by a positive obligation to
remove obstacles that block or limit the individual’s access to justice. As a means of
claiming the enjoyment or restoration of other rights (civil, political, economic, social and
cultural), access to justice is not limited to ensuring admission to a court but applies to the
entire process, which must be conducted in conformity with the principles of the rule of law
(fair trial, procedural guarantees, etc.), right through to execution of the sentence. Thus the
principle of equality and the conditions of accessibility and effectiveness that must
characterize any mechanism established to deal with disputes must be observed not only at
the start of settlement proceedings, but throughout. The absence of suitable means of
access to justice ultimately deprives persons of the “right to a right” by denying them the
actual means of exercising their rights in practice.
59. The report shows the enormous impact that access to justice has on people’s living
conditions, in particular those in vulnerable situations, and on all human rights. This
underscores the continuing relevance of the subject, the vital importance of access to
justice for the work of the Human Rights Council and the urgent need to implement the
recommendations presented below.
VI. RECOMMENDATIONS
60. The Special Rapporteur recommends that the United Nations should develop a
database of best practice in access to justice, covering all civil, political, economic, social
and cultural rights. It should assemble the most positive national experiences and those
gathered by the special procedures and the various international institutions and
specialized agencies carrying out cooperation activities in the field of justice. This reference
material would be of great assistance to States, especially States in transition, and would be
a very important resource for those working in the judicial system.
61. The Special Rapporteur strongly encourages the adoption of the draft optional
protocol to the International Covenant on Economic, Social and Cultural Rights. This
instrument will represent a decisive step towards greater enforceability for this category of
rights. The violation of these rights affects society’s most disadvantaged groups in
particular, but in the medium and long term affects society as a whole.
62. Those States that have not already done so should adopt legislation that will
pave the way for justice systems that are accessible, transparent, expeditious and
non-discriminatory.
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