PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW PART TWO – III Disabilities”, which expand upon States’ obligations in this area.659 Principle 3 of the Principles and Guidelines elaborates the duty to make procedural accommodations. Such accommodations should be “individualized”, “gender and age-appropriate” and “encompass all the necessary and appropriate modifications and adjustments needed in a particular case”.660 The duty to make procedural accommodations is immediate, and – unlike reasonable accommodation – failure to make such accommodations cannot be justified by reference to “the concept of disproportionality” or undue burden.661 Principle 2 of the Principles and Guidelines reiterates the importance of ensuring that justice institutions are accessible:662 “To guarantee equal access to justice and non-discrimination, States must ensure that the facilities and services used in legal systems are built, developed and provided on the basis of the principles of universal design.”663 This requires the adoption of relevant laws, policies and practices, as well as adequate financial resourcing.664 Provision and availability of legal aid In many jurisdictions, there are significant costs associated with legal action, which may have the effect of discouraging victims of rights violations from instigating claims. States have positive obligations to ensure equal access to justice, which include obligations to provide legal aid. The Human Rights Committee has noted that: “While article 14 [of the International Covenant on Civil and Political Rights] explicitly addresses the guarantee of legal assistance in criminal proceedings in paragraph 3 (d), States are encouraged to provide free legal aid in other cases, for individuals who do not have sufficient means to pay for it … [and] in some cases, they may even be obliged to do so.”665 The Committee has further emphasized that “the imposition of fees on the parties to proceedings that would de facto prevent their access to justice might give rise to issues under article 14”.666 The Committee on the Elimination of Discrimination against Women has stated that legal aid should be provided “as necessary” to ensure “affordable, accessible and timely remedies”.667 More broadly, in their concluding observations, human rights treaty bodies have repeatedly called for the provision of legal aid to people experiencing discrimination.668 This should include both financial assistance to secure effective legal representation and exemption from court fees and other costs associated with legal proceedings, such as the costs of appointing expert witnesses. International bodies have identified criteria for determining the availability of legal aid, focusing on the financial resources of the claimant.669 The Committee on the Rights of Persons with Disabilities has noted that financial assistance may be “subject to statutory tests of means and merits” where appropriate.670 If States adopt a means test, they must ensure that the right to non-discrimination remains practical and effective, and the decision to refuse individual financial assistance should not have the effect of impeding access to justice in practice. Developing this point, the Committee has emphasized that the threshold for receiving legal aid should be low671 and that it should be “locally available”.672 In some circumstances, it is possible that the denial of legal aid may itself give rise to a discrimination claim, owing to its disproportionate impact on members of a protected group. Socioeconomic disadvantage has 659 International Principles and Guidelines on Access to Justice for Persons with Disabilities. 660 Ibid., guideline 3.1. 661 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 25 (d). 662 International Principles and Guidelines on Access to Justice for Persons with Disabilities, principle 2. 663 Ibid., guideline 2.1. For further detail on States’ accessibility obligations, see section I.C.1 of part two of the present guide. See also Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014). 664 International Principles and Guidelines on Access to Justice for Persons with Disabilities, guideline 2.1. 665 Human Rights Committee, general comment No. 32 (2007), para. 10. 666 Ibid., para. 11. 667 Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 34. 668 See, illustratively, CEDAW/C/ERI/CO/6, paras. 25–26; E/C.12/BGR/CO/6, paras. 12–13; CRPD/C/HTI/CO/1, paras. 24–25; CCPR/C/CZE/CO/2, para. 16; and CERD/C/KEN/CO/5-7, para. 16 (b). 669 See, for instance, Human Rights Committee, general comment No. 32 (2007), para. 10; and Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), paras. 49 and 52 (d). 670 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 52 (d). 671 Ibid., para. 49. 672 Ibid., para. 49 (c). 91