by the means test used to determine eligibility for financial assistance (see
Recommendation 4). Lawyers and other staff involved in the provision of legal
aid should also receive training to sensitize them to the needs of persons
belonging to national minorities, including women.
v. The right to an effective remedy17
The right to an effective remedy includes holding perpetrators accountable
and providing appropriate reparations to victims, including victims belonging to
minority communities. Remedies come at the conclusion of proceedings and
are intended to give victims a sense that they have been heard, that justice has
been done and that it is seen to have been done, thereby fulfilling a vital conflict
prevention function. Granting appropriate remedies to persons belonging to
minority communities, including in collective redress that can tackle the causes
of systemic discrimination, can also serve to signal the State’s intent to treat
them equally.
Reparations might involve measures such as compensation, restitution,
rehabilitation and guarantees of non-repetition. States should ensure that
decisions to award reparations to minorities are effectively carried out
(see Recommendation 8). Lastly, disaggregated data (including genderdisaggregated data) regarding the identities of plaintiffs/respondents or victims/
defendants, and the outcomes and remedies, should be collected by States
to understand how the judicial system and national human rights institutions
respond to cases involving national minorities.
2.
Measures to guarantee access to justice for national minorities should
be broader than providing access to courts. States should establish,
strengthen and fund independent human rights institutions that can
secure effective remedies for all complainants, including persons
belonging to national minorities.
In the 1990 Copenhagen Document, the OSCE participating States committed
to facilitate the establishment and strengthening of independent national human
17
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) article 13
The Graz Recommendations on Access to Justice and National Minorities
15