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the fact that, taken individually, the violations are of minor importance. Group claims keep the
length and cost of proceedings down and also facilitate the administration of justice. In addition,
such actions may be seen as a healthy means of influencing the political and social agenda and
redeeming the weaknesses of certain democratic institutions and regimes.
41. Public Prosecutor’s Office - The proper functioning of this institution is a factor in the
exercise of the right of access to justice. The Guidelines on the Role of Prosecutors provide
guidance to Governments in ensuring it performs not only its primary function of exercising the
right of public action but also the tasks of guaranteeing legality, protecting human rights and
carrying out investigations, where such functions are also assigned to it. Despite this, the Special
Rapporteur has been obliged to intervene on numerous occasions in which prosecutors’ work
was subjected to interference or their results led to a violation of their rights. Recent
developments have led to prosecutors taking on more responsibilities and pushing back the
bounds of their functional independence, with more scope for action to promote access to justice.
42. Public defenders - Until the State began to bear the costs of legal assistance for people
without the means to pay for it, it was universities and bar associations that provided such
assistance - the universities through community legal centres, and the bar associations using a
roster or shift system - in the conviction that there was a moral obligation.48 Now, however,
States have accepted their international obligation to guarantee access to justice and the right to a
defence, which requires them to adopt public policies and, where necessary, provide social
services. Also as a result of recent developments, some countries have endowed public defenders
with real judges’ powers. In Latin America, the percentage of criminal cases in which defendants
are represented by public defenders is generally more than 80 per cent of the total in the system.
In Argentina, 60 per cent of those involved in oral proceedings are defended by officially
appointed defence counsels.49
3.
The impact of corruption and judicial delay
43. Transparency and promptness are essential components of an efficient system of justice
administration. The Special Rapporteur has had occasion to refer to these issues in depth in his
previous reports and he therefore confines himself here to reiterating that the problems of
corruption and judicial delay are two of the factors that have the greatest negative impact on the
judicial system as a whole.
E. Access to justice in relation to economic, social and cultural rights
44. For various political and ideological reasons, economic, social and cultural rights have
made considerably less progress since their establishment than civil and political rights in terms
48
F. Tietgen, “The Paris Bar: Access to justice and access to legal advise”, Fordham
International Law Journal, vol. 24, 1999-2000, p. 219.
49
López Puleio, María Fernanda (2002) “Justicia penal y defensa pública” y Martínez,
Stella Maris “Defensa pública, derecho del pueblo” en Defensa Pública, Revista
Latinoamericana de Política Criminal No. 5, Buenos Aires, pp. 23-48 y 49-58.
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