Access To Justice As A Human Right
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Access To Justice As A Human Right
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Author : Francesco Francioni
language : en
Publisher: OUP Oxford
Release Date : 2007-10-25
Access To Justice As A Human Right written by Francesco Francioni and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Law categories.
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Outsourcing Legal Aid In The Nordic Welfare States
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Author : Olaf Halvorsen Rønning
language : en
Publisher: Springer
Release Date : 2017-12-21
Outsourcing Legal Aid In The Nordic Welfare States written by Olaf Halvorsen Rønning and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-21 with Social Science categories.
This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
Access To Justice In Iran
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Author : Sahar Maranlou
language : en
Publisher: Cambridge University Press
Release Date : 2015
Access To Justice In Iran written by Sahar Maranlou and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Disabled Justice
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Author : Eilionóir Flynn
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2015-03-28
Disabled Justice written by Eilionóir Flynn and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-28 with Law categories.
Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
Technology Innovation And Access To Justice
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Author : Siddharth Peter De Souza
language : en
Publisher: EUP
Release Date : 2023-01-16
Technology Innovation And Access To Justice written by Siddharth Peter De Souza and has been published by EUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-16 with Law categories.
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
The Politics Of Justice And Human Rights
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Author : Anthony J. Langlois
language : en
Publisher: Cambridge University Press
Release Date : 2001-10-15
The Politics Of Justice And Human Rights written by Anthony J. Langlois and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-15 with Law categories.
The Asian Values Discourse
Access To Justice And International Organizations
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Author : Pierre Schmitt
language : en
Publisher:
Release Date : 2017
Access To Justice And International Organizations written by Pierre Schmitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Due process of law categories.
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Advancing Civil Justice Reform And Conflict Resolution In Africa And Asia
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Author : Nelson F. Kofie
language : en
Publisher:
Release Date : 2021-08-09
Advancing Civil Justice Reform And Conflict Resolution In Africa And Asia written by Nelson F. Kofie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-09 with categories.
"This book delves into issued of 'Civil justice' which refers to that part of a legal system that is concerned with the legal relations between people (including 'legal persons') as distinct from 'criminal justice' i.e. that part of the legal system concerned with actions by the state against people and looks at contracts, personal injury, property and the breakdown of family relations as familiar examples of civil disputes"--
The Role Of Lawyers In Access To Justice
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Author : Helena Whalen-Bridge
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-06
The Role Of Lawyers In Access To Justice written by Helena Whalen-Bridge and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-06 with Law categories.
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.