A/HRC/37/25
Agenda Member States commit to the principles of equality and non-discrimination,
including for persons with disabilities, as a cross-cutting feature of all Sustainable
Development Goals.
7.
International cooperation has a key role in advancing the right to access to justice of
persons with disabilities, as recognized in both the Convention and the 2030 Agenda.
Technical and financial cooperation should adopt a twin-track approach by mainstreaming
the rights of persons with disabilities and adopting disability-specific programmes;
disability markers can contribute to monitoring their implementation.
8.
The present report focuses on formal justice systems and other quasi-judicial
systems; however, any of the provisions applicable to them, particularly those related to
non-discrimination and participation, are also applicable in traditional justice systems such
as religious, customary, indigenous and community justice systems.
B.
Evolution of the right to access to justice in international human rights
law
9.
The right to access to justice has developed over time in international and regional
human rights instruments, although it was not explicitly formulated as such until the
adoption of the Convention. The Universal Declaration of Human Rights provides for the
right to equality before the law without discrimination, equal protection under the law, the
right to an effective remedy for violations of rights, the right to a fair and public hearing by
an independent and impartial tribunal, and the presumption of innocence. 4 Similarly, the
International Covenant on Civil and Political Rights recognizes these principles and rights. 5
The Covenant, as interpreted by the Human Rights Committee, provides several due
process guarantees for the conduct of judicial proceedings to ensure the right to a fair trial
that apply to any judicial body with any legal competence. 6 Further, the Human Rights
Committee has determined that States parties are required under the Covenant to guarantee
that individuals have accessible and effective remedies to assert their rights, which should
be appropriately adapted so as to take into account the specific requirements of different
populations.7
10.
The International Covenant on Economic, Social and Cultural Rights also recognizes
that everyone has the right to an effective remedy, be it judicial or administrative. The
Committee on Economic, Social and Cultural Rights has determined that, should an
administrative remedy be deemed appropriate, it too must be “accessible, affordable, timely
and effective”. 8 The Committee against Torture has interpreted the provision of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment on redress as encompassing the concepts of effective remedy and reparation,
and emphasized the importance of victim participation in achieving the ultimate objective
of restoration of the dignity of the victim. 9 The Committee on the Elimination of
Discrimination against Women adopted a general recommendation on women’s access to
justice in which it recognized that effective access to justice optimizes the emancipatory
and transformative potential of the law. It encompasses justiciability, availability,
accessibility, good quality, the provision of remedies and accountability of justice
systems.10 The Committee on the Rights of the Child also calls for particular attention by
States parties to ensure that effective, child-sensitive procedures are available to children
4
5
6
7
8
9
10
4
Arts. 7, 8, 10 and 11.
Arts. 2 (1) and (3), 14 and 26.
See general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair
trial, para. 7.
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 15.
See general comment No. 9 (1998) on the domestic application of the Covenant, para. 9.
See general comment No. 3 (2012) on the implementation of article 14, paras. 2 and 4.
See general recommendation No. 33 (2015) on women’s access to justice, paras. 1 and 2.
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