Access to justice 47. States should, as a matter of priority, assess the situation with regard to access to justice and develop a comprehensive strategy and policies aiming to guarantee effective access to justice for all. Equal access to effective and impartial justice is essential for the integration of society. Trust in an impartial and effective judicial system and the availability of accessible remedies regardless of legal status are vital to the integration of society. An ineffective justice system can easily be perceived as being discriminatory against persons belonging to minorities. Lack of trust in the justice system or a perception that the system favours members of the majority undermines social cohesion, fosters alienation and can increase the risk of conflict, including of an inter-ethnic nature. In this context, judicial policies should reflect the following: − Legislation should provide for adequate representation of persons belonging to minorities in the judicial system; − Appropriate policies should be developed to train, recruit, retain and promote judges, prosecutors and staff. The effectiveness of these policies should be regularly monitored and, where appropriate, special measures should be put in place to enhance the participation of persons belonging to minorities; − Barriers in accessing justice should be identified and removed, including those particularly affecting members of minorities, be they of a financial, linguistic or social nature. Providing for the use of minority languages in accessing free legal aid and in judicial proceedings and administrative procedures, above and beyond the minimum human rights standards regarding criminal procedures,118 promotes equality of treatment, trust in the authorities and reduces potential causes of conflict; − Measures to ensure equal access to justice should be broader than simply providing access to the courts. Such measures can include other remedies, as well as access to independent and effective complaints bodies and to alternative dispute resolution mechanisms; 118 ICCPR, article 9.2; ECHR, article 6, and FCNM, article 10.3. Guidelines on Integration of Diverse Societies 59

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