Право на еднаков пристап пред суд-The Right to Equal Access to Justice

Kambovski, Igor (2018) Право на еднаков пристап пред суд-The Right to Equal Access to Justice. Knowledge – International Journal, 22.3. pp. 773-778. ISSN 2545-4439

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Abstract

Access to justice is a basic principle of the rule of law. In the absence of access to justice, people are unable to have their voice heard, protect and exercise their rights, challenge discrimination or hold decision-makers accountable. Delivery of justice should be impartial and non-discriminatory. The right to judicial protection of rights, which constitutes a major trait of the modern concept of a democratic rule of law, necessarily implies the position of the court as a protector of human freedoms and rights. The basic function of the court is the independent and impartial, objective application of the right, protection, restoration and promotion of human fundamental freedoms and rights, ensuring equality and non-discrimination on whatever basis and providing legal security based on the rule of law. The independence of the judicial system, together with its impartiality and integrity, is an essential prerequisite for upholding the rule of law and ensuring that there is no discrimination in the administration of justice. In strengthening access to justice, every state has to develop national strategic plans and programmes for justice reform and service delivery, especially in areas including: monitoring and evaluation; empowering the poor and marginalized to seek response and remedies for injustice; improving legal protection, legal awareness, and legal aid; civil society and parliamentary oversight; addressing challenges in the justice sector such as police brutality, inhumane prison conditions, lengthy pre-trial detention, and impunity for perpetrators of sexual and gender-based violence and other serious conflict-related crimes; and strengthening linkages between formal and informal structures. One of the major obstacles in accessing justice is the cost of legal advice and representation. Legal aid programmes are a central component of strategies to enhance access to justice. Every state has to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all, including legal aid. In December 2012, the General Assembly of the United Nations unanimously adopted the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the first international instrument on the right to legal aid. The UN Principles and Guidelines establish minimum standards for the right to legal aid in criminal justice systems and provide practical guidance on how to ensure access to effective criminal legal aid services. UN, EU and many other international organisations assists in the development and reform of national policies and frameworks on legal aid, and supports capacity building of state and non-state actors who provide legal aid services in civil, criminal and family matters. The main goal of all these international activities is to support the provision of legal aid by strengthening capacities of rights holders, enhancing legal aid programmes empowering rights holders, particularly the poor and marginalized groups, and supporting legal awareness and legal aid clinics and public outreach campaigns.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Igor Kambovski
Date Deposited: 05 Feb 2019 08:58
Last Modified: 05 Feb 2019 08:58
URI: http://eprints.ugd.edu.mk/id/eprint/21399

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