Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0004
- Subject:
- Law, Human Rights and Immigration
The right of access to justice, considered lato sensu, encompasses the right to an effective remedy and the guarantees of the due process of law. This has been duly recognized in the case-law of the ...
More
The right of access to justice, considered lato sensu, encompasses the right to an effective remedy and the guarantees of the due process of law. This has been duly recognized in the case-law of the Inter-American Court of Human Rights. The jurisprudential construction of the European Court of Human Rights, in its turn, has purported to overcome vicissitudes as to the exercise of the right to an effective remedy.There has thus been an increasing concern of international human rights tribunals to safeguard that right, which, in turn, draws attention to the imperative of securing access to justice at both national and international levels.Less
The right of access to justice, considered lato sensu, encompasses the right to an effective remedy and the guarantees of the due process of law. This has been duly recognized in the case-law of the Inter-American Court of Human Rights. The jurisprudential construction of the European Court of Human Rights, in its turn, has purported to overcome vicissitudes as to the exercise of the right to an effective remedy.There has thus been an increasing concern of international human rights tribunals to safeguard that right, which, in turn, draws attention to the imperative of securing access to justice at both national and international levels.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0003
- Subject:
- Law, Human Rights and Immigration
In examining the access to international justice, an issue to consider is the conditions of admissibility of petitions lodged with international organs of protection of human rights. The right to an ...
More
In examining the access to international justice, an issue to consider is the conditions of admissibility of petitions lodged with international organs of protection of human rights. The right to an effective remedy is a basic pillar of the rule of law in a democratic society. It comes together with the guarantees of the due process of law. Another related issue raised in practice is that of the recognition of juridical personality.There is a reassuring convergence in the evolving case-law of the European and Inter-American Court of Human Rights concerning the basic right of access to justice and to a fair trial. This is one of the rights most often raised in contentious cases before those two international human rights tribunals.Less
In examining the access to international justice, an issue to consider is the conditions of admissibility of petitions lodged with international organs of protection of human rights. The right to an effective remedy is a basic pillar of the rule of law in a democratic society. It comes together with the guarantees of the due process of law. Another related issue raised in practice is that of the recognition of juridical personality.There is a reassuring convergence in the evolving case-law of the European and Inter-American Court of Human Rights concerning the basic right of access to justice and to a fair trial. This is one of the rights most often raised in contentious cases before those two international human rights tribunals.
