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
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