Access denied : the right of access to court for the disadvantaged citizen in society

Abstract

Most human rights violations are inflicted upon those who are weakest in society. Such people are generally unable or unwilling, due to various factors, to institute proceedings in court to protect their rights. These citizens might suffer from a lack of education and awareness of their human rights, not knowing when they are victims of a violation - and even if they are aware of this they would not be aware of the legal mechanisms set up to uphold their rights or compensate them for any losses suffered. The right to access to court is an essential right without which no other right can be upheld in court. The first chapter deals with this right and the ways in which it is violated. This right is examined in the light of case law and the legal instruments which protect human right. The second chapter will briefly introduce certain groups of disadvantaged citizens in society and look at the problems which these groups have to face in obtaining access to court. The main scope of the second chapter is to allow the reader to understand what is meant by the term 'disadvantaged citizen'. The final three chapters look at ways in which the problems faced by disadvantaged citizens seeking for justice can be, at least partially, overcome. Chapter three deals with the notions of legal representation for all and legal aid for those who do not have the means to pay for their own lawyer. Chapter four underlines the importance of human rights education and awareness in helping the citizen obtain justice when the need arises. It also looks at what the international human rights movement is doing to promote human rights education and awareness. The fifth and final chapter deals with the various human rights institutions and the ways in which they contribute towards making justice accessible to all.