The concept of equality before the law entails a responsibility on the part of the State to not only refrain from violating the rights of citizens based on, inter alia, gender, ethnic identity, religion (or belief), language, disability, age or sexual orientation, or national and social origin (embodied primarily in the principle of non-discrimination), but also to take positive measures to ensure that persons belonging to minorities can effectively obtain a remedy if their rights have been violated or need enforcing. Indeed, one cannot speak of equal access to justice if, for instance, persons belonging to national minorities do not understand the judicial system, do not know their rights or cannot get suitable legal advice or afford legal representation, or even fear the judiciary and avoid it. These Recommendations are therefore informed by the State’s dual obligation to not discriminate against persons belonging to national minorities seeking access to justice and to prevent indirect discrimination by taking positive measures to facilitate such access. Because the HCNM approaches access to justice for national minorities from a conflict prevention perspective, it is important to underline that access to justice should include access to a remedy if it is found that an individual’s rights, including the right to equal treatment, have been violated or need to be enforced. These Recommendations therefore not only address issues related to access to courts, but also to other mechanisms, such as national human rights institutions, that can secure an effective remedy for complainants – including persons belonging to national minorities – whose individual rights have been violated. The Ljubljana Guidelines suggest that ensuring effective access to remedies could include establishing and supporting effective independent bodies, such as ombudspersons or national human rights institutions.4 In addition, the Oslo Recommendations point out that independent and effective national human rights institutions can often provide quicker and less expensive recourse than the courts.5 It should also be emphasized that persons belonging to minority communities may face what is sometimes referred to as compound discrimination; for example, both on a linguistic and gender basis. States should factor this into the policies that the State adopts to ensure access to justice for persons belonging to national minorities. Moreover, to achieve equal protection and prevent discrimination, certain categories of persons within minority groups may require special and positive measures to ensure that they can effectively access justice on an equal footing with other members of society. In line with the OSCE’s Action Plan for the 4 5 6 HCNM (2012) Ljubljana Guidelines, explanatory note to Guideline 21. HCNM (1998) The Oslo Recommendations Regarding the Linguistic Rights of National Minorities, explanatory note to Recommendation 16. The Graz Recommendations on Access to Justice and National Minorities