Position Paper
Human Rights & Access to Justices
Context
Human rights and access to justice are foundational pillars of a democratic, inclusive, and accountable society. In Nepal, despite strong constitutional guarantees and progressive legal frameworks, women, Dalits, indigenous peoples, persons with disabilities, and the economically marginalized—continue to face systemic barriers in realizing their rights and accessing justice. Nepal’s Constitution (2015) guarantees fundamental rights, equality before the law, and access to justice. However, in practice, legal awareness among marginalized communities remains low, justice mechanisms are often costly, slow, and geographically distant, discrimination based on caste, gender, ethnicity, disability, and socio-economic status persists, survivors of violence—especially GBV survivors—face stigma, intimidation, and weak protection, and trust in formal justice institutions remains fragile, particularly at local levels. These gaps disproportionately affect those who are already excluded, reinforcing cycles of injustice and poverty.
Human Rights Challenges in Lumbini Province
Human rights violations in LumbiniProvince takes place in multiple and intersecting forms, including gender-based violence, child marriage, child labor, caste-based discrimination, labor exploitation, land and property disputes, trafficking, and denial of basic services. Marginalized groups often lack information about their rights and the confidence or support required to claim them. Survivors of violence and rights abuses—especially women and children—face stigma, social pressure to remain silent, and inadequate protection and support mechanisms. As a result, justice remains inaccessible, delayed, or denied.
Access to Justice Gaps
Despite the presence of courts, police, judicial committees, and community mediation mechanisms, access to justice remains limited due to procedural complexity, high costs, inadequate capacity of local institutions, and weak coordination among justice actors. Community-based justice mechanisms are often under-resourced, while formal systems may be perceived as distant, intimidating, or biased. These gaps undermine public trust in the rule of law and weaken social cohesion, particularly in post-conflict and politically polarized contexts.
SSDC’s Position and Approach
SSDC views human rights and access to justice as essential foundation for inclusive governance, peace, and sustainable development. The organization adopts a human rights-based, gender-transformative and conflict-sensitive approach that empowers rights-holders while strengthening the accountability and responsiveness of duty-bearers. SSDC prioritizes increasing legal literacy, strengthening community-based justice and mediation mechanisms, supporting survivor-centered responses to violence, and enhancing coordination between communities, local governments, and justice institutions. Special emphasis is placed on reaching those most excluded and ensuring safe, dignified, and equitable access to justice.