scholarly journals Nordic Legal Aid and ‘Access to Justice’ in Human Rights. A European Perspective

2017 ◽  
pp. 227-262
Author(s):  
Jon T. Johnsen
Keyword(s):  
Human Rights ◽  
Access To Justice ◽  
European Perspective ◽  
Legal Aid

scholarly journals Some Approaches to Define the Concept of “Access to Justice”

2020 ◽  
Vol 11 (11) ◽  
pp. 208-213
Author(s):  
Sverba Y. I.
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
The State ◽  
Access To Justice ◽  
Constitutional Court ◽  
Legal Aid ◽  
Financial Barriers ◽  
European Court ◽  
The Right

The article is dedicated to the analysis of the concept of "access to justice". The national legislation, the case law of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as academic papers have been analyzed by the author. The author concludes that there are at least two approaches to define the concept of "access to justice": broadside and restricted one. The latter is inherent in Ukraine, since the Constitution stipulates that justice in Ukraine is exercised by the courts exclusively. The case law of the European Court of Human Rights explored in this article demonstrates a broad interpretation of the right to a fair trial, as quasi-judicial authorities are often empowered to make decisions that directly affect a person's rights and obligations. Foreign researchers are more progressive in determining the concept of access to justice: the latter is considered as an intention to resolve person's legal problems, not limited with access to classical judicial protection. Even though the access to justice concept is not legally defined, it includes the core elements as legal awareness of person’s rights; lack of financial barriers to access to the court; the right to free legal aid guaranteed by the state; a fair and independent court; a reasonable time to settle a dispute, as well as the enforcement of the judgment. The state could ensure the effective access to justice only if all of the said elements are implemented. At the same time, the states have both positive (to provide the right to free legal aid) and negative obligations (not to interfere with court activities, etc.). Keywords: access to justice, justice, right to a fair trial, rule

11. Access to the Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Human Rights ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Political Issue ◽  
Legal Advice ◽  
Alternative Funding ◽  
Key Issues ◽  
The Law ◽  
Public Money

This chapter examines the key issues surrounding the funding of litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid. It then covers the administration of legal aid; civil legal aid; criminal legal aid; legal aid and human rights; and alternative funding arrangements. Legal aid has become an increasingly political issue with many politicians believing that public money should not be spent on lawyers. The latest change in legal aid includes the fact that legal aid is withdrawn from significant forms of civil litigation. Non-legal organizations also operate in the provision of legal advice, including universities through the provision of law clinics.

scholarly journals TATA KELOLA ADMINISTRASI PENANGANAN PERKARA DAN KADERISASI PADA ORGANISASI BANTUAN HUKUM DIKAITKAN DENGAN ACCESS TO JUSTICE DI WILAYAH DAERAH ISTIMEWA YOGYAKARTA

2017 ◽  
Vol 4 (1) ◽  
pp. 61
Author(s):  
Zairin Harahap ◽  
Retno Wulansari
Keyword(s):  
Human Rights ◽  
Descriptive Analysis ◽  
Access To Justice ◽  
Legal Aid ◽  
Regional Office ◽  
Administrative Management ◽  
The Poor ◽  
Inhibiting Factor ◽  
Qualitative Descriptive ◽  
Special Region

Research on administrative management of case handling and cadre forming on legal aid organization is related to access to justice in Yogyakarta Special Region aimed to know the system of cadre forming, management and inhibiting factor of free legal aid funding for the poor. This type of research is empirical juridical with qualitative descriptive analysis method The result of this research is pattern of cadre forming in legal aid organization in using system designed independently by each legal aid organization. The management of case handling in the legal aid organization uses internal rules that are prepared independently in each OBH. The inhibiting factor in the provision and legal aid services of legal aid organization is the inability of justice seekers in completing the administrative requirements that is required by the Ministry of Justice and Human Rights and the lack of socialization to the community regarding free legal aid services. The formulated suggestion is the formation of cadre pattern standardization on legal aid organization. Case handling management of legal aid organization should be developed using standard operational procedure. In overcoming the inhibiting factors in the provision and legal assistance services of legal aid organization. The Ministry of Justice and Human Rights Regional Office should undertake more massive efforts in the socialization of legal aid and simplify the rules on administrative files of free legal aid services for the poor.

scholarly journals The role of free legal aid in the mechanism of access to justice

2020 ◽  
pp. 83-86
Author(s):  
Yurii Sverba
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The State ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Non Governmental Organizations ◽  
European Court ◽  
Wide Range ◽  
The Right

The article is dedicated to the analysis of Ukraine’s international obligations in the sphere of access to justice and, in particular,to legal aid.The case law of the European Court of Human Rights in the civil and criminal aspects relating to the criteria for the effectivenessof legal aid is reviewed, as well as the cases where such assistance should be provided free of charge by the state. Article 6 § 1 doesnot imply that the State must provide free legal aid for every dispute relating to a «civil right». There is a clear distinction betweenArticle 6 § 3 (c) – which guarantees the right to free legal aid in criminal proceedings subject to certain conditions – and Article 6 § 1,which makes no reference to legal aid. However, the Convention is intended to safeguard rights which are practical and effective, inparticular the right of access to a court.The national legislation governing the procedure for providing free legal aid is analyzed. The categories of persons eligible tofree secondary legal aid and the categories of cases in which such aid is provided are considered. As of today, there are 17 categoriesof persons eligible to free secondary legal aid. The Law lacks a single criterion for determining a person’s social vulnerability andprovides for a wide range of life circumstances that create the prerequisites for a person to obtain free secondary legal aid under thefollowing criteria: property, age, social status and case category.The institutional and regulatory development of the national legal aid system is described. Key directions for the development ofthe national legal aid system are outlined: improving the quality of the provision of free secondary legal aid and protecting the systemfrom political influence.The role and place of non-governmental organizations providing free legal aid in creating real access to justice was alsoexamined. As an example, the The Ukrainian Helsinki Human Rights Union promotes the development of humane society based onrespect to human life, dignity and harmonious relations between a person, state and nature through creation of a platform forcooperation between the members of the Union and other members of the human rights movement.It is stated that the interaction of the state legal aid system and non-governmental human rights organizations creates real accessto justice, and specifically to the European Court of Human Rights.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

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