Access to Justice for Survivors of Violence: A Case Study of the Girl Child in Mauritius

2021 ◽  
pp. 93-122
Author(s):  
Shivani Georgijevic ◽  
Ashwanee Budoo-Scholtz
Keyword(s):  
Access To Justice ◽  
Girl Child

scholarly journals The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-21
Author(s):  
Madikgomo More
Keyword(s):  
Justice System ◽  
Qualitative Case Study ◽  
Customary Law ◽  
Access To Justice ◽  
Traditional Authority ◽  
Communal Identity ◽  
Informal Institution ◽  
Traditional Leaders ◽  
The People

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.

Cultural accommodation and the policing of Aboriginal communities: A case study of the Anangu Pitjantjatjara Yankunytjatjara Lands

2019 ◽  
Vol 53 (1) ◽  
pp. 65-83
Author(s):  
Peter Whellum ◽  
Amanda Nettelbeck ◽  
Alexander Reilly
Keyword(s):  
Cultural Difference ◽  
Cultural Awareness ◽  
Law Reform ◽  
Access To Justice ◽  
Community Collaboration ◽  
Aboriginal Communities ◽  
Criminal Justice Reform ◽  
Cultural Accommodation ◽  
The Relationship

The relationship between Aboriginal communities and police continues to be a pressing issue in contemporary debates about criminal justice reform in Australia. The Australian Law Reform Commission’s recent Pathways to Justice report offers a set of recommendations on how to interrupt the continuing cycle of Aboriginal people’s disproportionate susceptibility to arrest, police custody, and incarceration. Many of its recommendations are grounded in the principle of building more systematic forms of cultural accommodation and community collaboration into the culture of policing. Some of these principles are already adopted by Australian police authorities in programmes such as the employment of Aboriginal police liaison officers, the inclusion of cultural awareness education in the training of law enforcement personnel, and the guarantee of interpreter services. Focusing upon the Anangu Pitjantjatjara Yankunytjatjara Lands and drawing upon the reported experiences of Anangu with police, this article examines the extent to which such reforms have transformed Aboriginal/police relations and worked to incorporate cultural difference into the culture of contemporary policing. While none of the policing issues discussed here are unique to the Anangu Pitjantjatjara Yankunytjatjara Lands, the geographical remoteness of the Lands and the diversity of their communities combine to establish a unique set of policing challenges. Having considered existing strategies to meet these challenges, the article concludes that Aboriginal people’s fuller access to justice requires deeper structural reform to the culture of policing than is yet available.

Lisbon and Access to Justice for Environmental NGOs: A Watershed? A Case Study Using the Setting of the Total Allowable Catches under the Common Fisheries Policy

2010 ◽  
Vol 7 (4) ◽  
pp. 391-410
Author(s):  
Charlotte Herman
Keyword(s):  
Lisbon Treaty ◽  
Access To Justice ◽  
Environmental Ngos ◽  
Locus Standi ◽  
Aarhus Convention ◽  
Fisheries Policy ◽  
The Common ◽  
Gain Access ◽  
The Eu

AbstractBefore the Lisbon Treaty, environmental non - governmental organisations could rarely or not satisfy the admissibility test to gain access to the European courts. This contribution examines whether the rules on locus standi under the Lisbon Treaty will facilitate their access to justice. Attention will be given to what is understood by a 'regulatory act', the EU obligations under the Aarhus Convention and whether the new perspectives within the Lisbon Treaty will allow environmental non - governmental organisations to challenge TAC Regulations.

scholarly journals A Case Study Approach: Legal Outreach Clinics at Northumbria University

2019 ◽  
Vol 26 (1) ◽  
pp. 179-215
Author(s):  
Lyndsey Bengtsson ◽  
Ana Speed
Keyword(s):  
Law School ◽  
Access To Justice ◽  
Case Study Approach ◽  
Clinical Supervisors ◽  
Study Approach ◽  
Legal Advice ◽  
North East ◽  
The North ◽  
Outreach Services

Through a case study approach, this paper discusses two projects which have been established by clinical supervisors at Northumbria University to support access to justice and promote the development of students’ professional skills and identities through CLE within disadvantaged or minority communities in the North East of England. The projects adopt the model of ‘legal outreach services’ because they operate within distinct communities to provide advice to target groups. The paper will first discuss the different models of CLE; simulation, drop in clinics, letters of advice and full representation. The second part of the paper will go on to discuss legal outreach models and set out the key features of the legal outreach approach. The third part of the article will set out the considerations underpinning the two outreach projects operated by Northumbria Law School: Legal Advice Byker (LAB) and Empower 4 Justice (E4J). The fourth part of the paper will set out in detail the operation of LAB and E4J.  The final part of the article will discuss the benefits and limitations of this approach to CLE from a student and community perspective.

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