A/HRC/25/31
lack effective access to justice for economic, social and cultural rights violations54 and has
frequently recommended that States ensure such access.55 This section will consider several
aspects of access that the United Nations system has dealt with in more detail, including
physical accessibility, affordability, legal assistance, access to information, and equality of
access.
A.
Physical accessibility
17.
A fundamental aspect of the right to access remedies for economic, social and
cultural rights violations is to ensure physical access to such remedies. The Committee on
Economic, Social and Cultural Rights has indicated that, as a basic matter, individuals must
be able to physically access the means of seeking remedy for economic, social and cultural
rights violations.56 United Nations experts, including the Special Rapporteur on the human
right to safe drinking water and sanitation57 and the Special Rapporteur on extreme poverty
and human rights,58 as well as the Human Rights Council Advisory Committee,59 have
repeatedly alluded to physical access to justice. Physical accessibility is of particular
concern in the case of persons with disabilities that render it more difficult to physically
access police stations, courts, State administrative offices and other infrastructure that may
be necessary for mobilizing the law.60 It is also important for people living in remote areas,
as the distances involved in travelling to the locations of established justice mechanisms
can seriously impede their effective access.61 Finally, women migrant workers may also
have difficulties with physical accessibility if employers confine them to their work sites
and restrict outside communication.62
B.
Affordability
18.
Beyond physical accessibility, economic barriers often prevent access to remedies.
According to the Committee on Economic, Social and Cultural Rights, remedies for
violations of these rights must be affordable for all, with “related administrative and legal
costs … based on the principle of equity”.63 Similarly, the Committee on Migrant Workers
expressed concern that certain migrant workers would be unable to seek redress through
means free of legal fees,64 while the Committee on the Rights of the Child has affirmed that
States must eliminate economic barriers to access to justice.65 Among United Nations
system experts, the Special Rapporteur on extreme poverty and human rights has identified
economic accessibility as one of the principal barriers limiting access to justice,66 while the
54
55
56
57
58
59
60
61
62
63
64
65
66
CMW/C/PRY/CO/1, 2012, para. 24; CMW/C/BOL/CO/2, 2013, paras. 24–25; CMW/C/GTM/CO/1,
2011, para. 20; CMW/C/SLV/CO/1, 2009, para. 25; CMW/C/SYR/CO/1, 2008, para. 25;
CMW/C/EGY/CO/1, 2007, para. 22.
CMW/C/CHL/CO/1, 2011, para. 37; CMW/C/ECU/CO/1, 2007, para. 38.
CESCR, general comment No. 17 (2005), para. 18 (b) (i) (concerning rights of the author).
A/HRC/15/31/Add.1, para. 54.
A/HRC/21/39, paras. 67–68; A/67/278, para. 11.
A/HRC/22/72, para. 51.
CESCR, general comment No. 17 (2005), para. 18 (b) (i) (concerning rights of the author); A/67/278,
para. 11.
A/67/278, paras. 36–40.
CEDAW, general recommendation No. 26 (2008), para. 21.
CESCR, general comment No. 17 (2005), para. 18 (b) (ii).
CMW/C/SYR/CO/1, 2008, para. 25.
CRC, general comment No. 16 (2013), para. 68.
A/67/278, paras. 51–56.
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