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Author: Ton Liefaard

1 Introduction 1.1 Emergence of Access to Justice for Children The legal position of children under international human rights law changed with the adoption of the United Nations Convention on the Rights of the Child ( crc , UN General Assembly, 20 November 1989, A/ res /44/25) in

In: The International Journal of Children's Rights

have potential security implications. This has certainly shaped the hcnm ’s approach and responses to situations involving violations of human rights, including the right of access to justice, at times restraining the institution from engaging in direct hands-on human rights protection work. At the

In: International Journal on Minority and Group Rights

authorities adopt more and more (proactive) hand-tailored, person-specific, interventions to combat – or more importantly to prevent – (violent) extremism, there is also a growing debate 6 about access to justice afforded to those concerned. Access to justice is about the possibilities that exist for

In: Security and Human Rights
The Role of Court Administrators and Lay Adjudicators in the African and Islamic Contexts
Author: M. Cappelletti
This volume is a rare combination of interdisciplinary contributions from academia and legal practitioners about accessing justice in developing countries and one ex-colonizing country. The examples from Britain, Burundi, Ghana, Tanzania, South Africa and Sudan point out the need to recognize that each culture has its own sense of rule of law and access to justice. In contrast to the many works which concentrate on structures and norms, this edited volume highlights the importance of the perceptions of the litigants and the court personnel for improving access to justice. Non-lawyer support personnel as shown in the examples in the book are key figures in the processes of access to justice. Hence, the book makes an important contribution to identifying basic elements that are overlooked in judicial reform schemes. The training of non-lawyer support personnel should be given priority over or at least the same priority as the training of lawyers.
Author: M. Cappelletti
This volume is a rare combination of interdisciplinary contributions from academia and legal practitioners about accessing justice in developing countries and one ex-colonizing country. The examples from Britain, Burundi, Ghana, Tanzania, South Africa and Sudan point out the need to recognize that each culture has its own sense of rule of law and access to justice. In contrast to the many works which concentrate on structures and norms, this edited volume highlights the importance of the perceptions of the litigants and the court personnel for improving access to justice. Non-lawyer support personnel as shown in the examples in the book are key figures in the processes of access to justice. Hence, the book makes an important contribution to identifying basic elements that are overlooked in judicial reform schemes. The training of non-lawyer support personnel should be given priority over or at least the same priority as the training of lawyers.

an area in which very little prior provisions existed to address environmentally specific issues within a plethora of diverse and longstanding traditional approaches concerning general access to justice in domestic legislations. Thus this pillar was effectively constructed on the spot (i.e. during

In: Journal for European Environmental & Planning Law
Author: J. Jendrośka

participation in decision-making and access to justice among the core principles of environmental protection. For many countries in Europe issues like transparency, public participation and possibility of filing law suits in public interest were at that time still rather new and relatively unknown phenomena

In: Journal for European Environmental & Planning Law
Author: Jan Darpö

1 Introduction 1.1 Legal Background As the reader is well aware, both the European Union and its Member States are parties to the unece ’s Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the “Aarhus

In: Journal for European Environmental & Planning Law

In its judgment No. 238/2014 the Italian Constitutional Court, whilst appearing to show respect for the ICJ’s 2012 judgment in Jurisdictional Immunities of the State, makes notable criticisms of that judgment and insists on its own role in the progressive development of international law in the field of State immunity. In particular, the main legal argument of the Constitutional Court, based on the fundamental and inviolable character of the right of access to justice in constitutional law, can also be used, although modified to some extent, in international law. The Court’s argument can also resolve the possible conflict between the international norm of State immunity, on the one hand, and the international norms on fundamental human rights and access to justice, on the other. The present contribution seeks to demonstrate that: (a) the right of access to justice and the connected right to reparation for violations of fundamental human rights are established by two customary international norms; (b) there is a potential conflict between these norms and the norm of State immunity; (c) this conflict becomes real and concrete when the limits on access to justice and reparation laid down by immunity are unjustified in accordance with the rule of “equivalent protection”; and (d) the solution to that conflict derives from the normative superiority of the customary norms on access to justice and reparation (being peremptory in nature when functionally linked to the violation of fundamental human rights) over the norm of State immunity. The judgment of the Constitutional Court, utilizing legal reasoning that can also translate to the level of international law, demonstrates that osmosis may occur between the arguments used in constitutional and international law, and that today there is growing interaction between the domestic and international legal orders and their common values. The law of human rights, placed at the very center of the Constitutional Court’s judgment, is the field in which this community of values emerges most clearly.

In: The Italian Yearbook of International Law Online
Author: Kevin M. Cremin

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties — Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan — are also considered. The Committee’s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.

In: Frontiers of Law in China