Poor people are particularly vulnerable to human rights violations and abuses by governmental authorities and private individuals. The most important tool to defend themselves against these abuses is court protection. Usually, for economic or other reasons poor people lack the capability to obtain court protection. Even if free legal aid is available, they may lack the necessary information and self-confidence to seek redress through the courts. Thus, States should actively promote the free access of poor people to courts, tribunals and other dispute resolution mechanisms as a remedy against human rights violations.
All persons are equal before the courts and tribunals and enjoy certain procedural guarantees in civil and criminal trials. Equality before the courts means, in particular, that all persons must be granted, a right of equal access to an independent and impartial court or tribunal for the determination of civil disputes or criminal charges without discrimination. The most important procedural guarantee in both civil and criminal proceedings is the right to a fair and public hearing.
Among the procedural guarantees explicitly cited as needs of poor people the interests of justice, is the Government’s positive obligation to provide competent legal counsel free of charge if an accused in a criminal trial does not have sufficient means to pay for such legal assistance. Similarly, if accused persons do not understand or speak the language used in court, they should have the free assistance of an interpreter.
If poor people are victims of a human rights violation by State or non-State actors, they should be granted equal access to civil, administrative or constitutional courts, tribunals and other dispute resolution mechanisms free of charge as a remedy and an effective means of reparation.
Regional Implementation This right is addressed by our projects in the following regions: