Equal Access to Justice for All

E/RES/2023/27View PDF

Who adopted this document and its mandates?

A Resolution of the Economic and Social Council, under agenda item 19c Crime prevention and criminal justice, published in 2023.

What subjects does this mandate have?

4 subjects

Administration of Justice Conferences Criminal Justice Judicial System

What’s in this document?

18 operative paragraphs

Recommends to the General Assembly the adoption of the following draft resolution:

Notes with concern that challenges to access to justice in criminal justice systems undermine the rule of law, the achievement of safe and secure societies, and the right to equal treatment before the law;

Emphasizes the right of equal access to justice for all, including people in vulnerable situations, and the importance of awareness-raising concerning legal rights, and in this regard commits to taking all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all, including legal aid;

Takes note of the thematic discussion on enhancing the functioning of the criminal justice system to ensure access to justice and to realize a safe and secure society, held during the thirty-second session of the Commission on Crime Prevention and Criminal Justice, which provided an opportunity for Member States, international organizations and civil society to exchange viewpoints on this matter;

Recalls its decision to hold a high-level debate on the theme “Equal access to justice for all: advancing reforms for peaceful, just and inclusive societies”, and invites the Commission on Crime Prevention and Criminal Justice to consider the outcomes of that debate;

Encourages Member States, in accordance with their domestic legislation and within their capacity, to ensure equal access to justice and application of the law to all, including by taking effective measures that are informed by relevant data, such as data on age and gender;

Also encourages Member States to collect and use quantitative and qualitative data, disaggregated by relevant factors, to ensure that criminal justice policies and programmes are informed by all available and relevant evidence and data;

Further encourages Member States to explore cross-sectoral, multidisciplinary, multi-stakeholder, holistic and integrated partnerships, strategies and approaches at the national level when developing measures to reduce inequities in the criminal justice system, and to advance equal access to justice and equal treatment before the law for all, including through restorative justice programmes;

Encourages Member States to promote the use of technology that fosters inclusive and equitable access to justice, including by addressing the challenges that the use of such technologies may pose for people in vulnerable situations;

Also encourages Member States to, as appropriate, employ different models of legal aid, and to consider effective ways to provide access to legal aid to ensure access to justice for all, without discrimination of any kind;

Further encourages Member States, in accordance with their domestic law, to promote and implement policies aimed at guaranteeing access to justice for people in vulnerable situations without sufficient means, through timely, effective, adequately resourced and affordable and, whenever possible, free legal aid promoted by the State with the appropriate support of relevant academic institutions;

Affirms the importance that certain members of society, such as children, persons with disabilities, those in vulnerable situations and victims of violence be given additional protection in order to access justice systems;

Requests the United Nations Office on Drugs and Crime to continue developing technical tools and training material based on United Nations standards and norms in crime prevention and criminal justice and to provide technical and material assistance to Member States, upon request, to ensure access to justice for all;

Welcomes the increased cooperation and coordination between the United Nations Office on Drugs and Crime and other United Nations agencies in the area of equal access to justice;

Requests the United Nations Office on Drugs and Crime to convene a meeting of experts, nominated by Member States, during the intersessional period, with interpretation into all official languages of the United Nations, subject to the availability of extrabudgetary resources, with a view to sharing information on challenges, lessons learned, best practices and enabling factors needed to enhance the functioning of criminal justice systems to ensure equal access to justice for all;

Recognizes the fundamental role of effective international cooperation in preventing and combating crime, and to this end underlines the importance of addressing, tackling and effectively responding to international challenges and barriers, in particular measures, that hinder such cooperation, and which are not consistent with the Charter of the United Nations and obligations under international law, and in this regard urges States, consistent with their international obligations, to refrain from applying such measures;

Requests the United Nations Office on Drugs and Crime to report to the Commission on Crime Prevention and Criminal Justice at its thirty-fourth session on the meeting of experts and on the implementation of the present resolution;

Invites Member States and other donors to provide extrabudgetary resources for the purposes described above, in accordance with the rules and procedures of the United Nations.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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