members of national minorities (and of the majority) but is intimately connected
to conflict prevention within and between States, which is central to the HCNM’s
mandate.
Where the justice system fails to adequately address crimes committed against
members of national minorities, particularly when committed by members of the
majority, this can lower the psychological threshold to breaking the law. Some
national minority groups remain particularly vulnerable in conflict prevention settings,
including the Roma and Sinti. OSCE participating States have recognized that lack
of respect for the rights of national minorities, including Roma and Sinti people, is
an area that the HCNM should continue to address.
Although several international organizations have offered advice on improving
access to justice for individuals and vulnerable groups, little work has been done
on access to justice for persons belonging to national minorities from a conflict
prevention perspective. This is an area of special expertise and experience for the
HCNM. The basic premise of this document is that access to justice for national
minorities is grounded in the idea that justice is not only about the enjoyment of
rights by persons belonging to national minorities but is also relevant to conflict
prevention.
The advice provided by the HCNM is underpinned by its work on national minority
issues primarily in the context of State-building and consolidation. Based on this
experience, these Recommendations recognize that in order to foster peaceful,
stable and inclusive societies, States have a responsibility to guarantee to everyone,
including persons belonging to national minorities, the effective enjoyment of all their
rights through access to justice. Because equal access to effective and impartial
justice is essential for the integration of society, the Ljubljana Guidelines advise that
States should 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. This point is elaborated in these Recommendations.
This obligation on the part of the State to guarantee access to justice for all is
inextricably linked to the principle of non-discrimination: all members of society are
entitled to have access to justice without distinction of any kind. Closely related to
non-discrimination in accessing justice is the principle of equality in law and equal
protection of the law. According to the former principle, the law should not treat a
person belonging to a minority community, or an entire minority community, less
favourably than another person, or group, not belonging to a minority in the same
situation or in comparable situations.
The Graz Recommendations on Access to Justice and National Minorities
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