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The article considers women’s access to justice as an invisible problem, the existence of which is overlooked or denied. Cases where women in similar situations experience more adverse legal consequences are not perceived as linked to gender inequality. The reasons for the invisibility of the problem are rooted in the Soviet past, in the patriarchal traditions of Ukrainian society, as well as in the reluctance to abandon myths and stereotypes, the lack of proper reflection on the past and the lack of a culture of public discussion of important social problems, the marginalization of “women’s” topics. To illustrate the invisibility of the problem, results of the questioning of training participants (judges, court staff and law enforcement officers) has been used, i.e. the discussion regarding manifestations of gender inequality, acknowledged in the Concept Paper of the State Programme for Ensuring Equal Rights and Opportunities of Women and Men, approved by the order of the Cabinet of Ministers of Ukraine dated November 21, 2012, No. 1002. The author noted, that during many years of delivering gender equality trainings only those participants who de facto contribute to caregiving/family responsibilities admitted that inadequate level of providing conditions for “a harmonious combination of family and professional responsibilities” is an actual problem; the same is observed in relation to other manifestations of inequality between women and men, which confirms the opinion that the perception of relevance or irrelevance of specific manifestations of gender inequality is determined by the individual’s own experience. The trend of reducing gender gap is perceived as the irrelevance of a certain manifestation of gender inequality, since “the situation has been improved significantly”, even if the gap remains large. In addition to the experience of delivering trainings, “stories from life” were also used to demonstrate the invisibility of the problem, particularly cases that illustrate the superior, prejudiced and sexist attitude towards women in high level (deputy minister) positions, especially when compared with the attitude towards men of the same age and status. Since a problem that is invisible has no chance of being solved, the ability to “notice”, “see”, “make visible”, “name”, “qualify”, etc. are the first steps towards its solution. [ABSTRACT FROM AUTHOR]

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations. [ABSTRACT FROM AUTHOR]

The need to provide efficient access to justice has presented challenges for civilised society since such societies came into being. [ABSTRACT FROM AUTHOR]

In the last decade, the international community has become increasingly aware that some negative impacts of climate change cannot be prevented. During the COP19 in Warsaw in 2013, the parties who agreed to the Warsaw International Mechanism (WIM) acknowledged that there were already greater climate impacts than could be reduced by adaptation (UNFCCC, 2014). These impacts have been called "loss and damage", and the policies and measures that deal with them are usually referred to as L&D, or L&D measures or policies. Since then, examples of loss and damage have unfortunately become abundant, but we lack a systematic approach to the ethical issues surrounding loss and damage. This article provides an overview of some of the ethical issues surrounding loss and damage in the context of climate change. We discuss what should count as loss and damage, how access to justice for loss and damage should be granted and their different rationale, as well as issues of noneconomic and nonanthropocentric loss and damage. This article is categorized under:Climate, Nature, and Ethics > Ethics and Climate Change [ABSTRACT FROM AUTHOR]

International and regional human rights mechanisms are essential tools for ensuring access to justice for human rights violations and advancing measures of non-repetition, such as domestic law and policy reform. Scholarship on the impacts of these mechanisms have largely centred on the resulting domestic law and policy reform in the countries at issue in these cases and the resulting normative standards human rights bodies have established. The cross-fertilization of these cases among other international and regional human rights mechanisms and domestic courts remains an important but underexplored aspect of how such cases influence progress towards the realization of human rights. Through the lens of four landmark cases on sexual and reproductive health and rights, this article examines the influence of these cases in jurisprudence from across the globe, demonstrating how such decisions have reverberated across borders. These rippling effects of strategic litigation constitute an important impact that should be taken into account when evaluating the influence and efficacy of these mechanisms. [ABSTRACT FROM AUTHOR]

Copyright of International Journal of Professional Business Review (JPBReview) is the property of Open Access Publications LLC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Democratic Republic of Congo hosts the longest-running and largest United Nations peacekeeping mission in history. The United Nations also has reckoned with sexual exploitation and abuse in its own ranks and, in 2003, recognized its importance with a Bulletin which became known as the 'zero tolerance policy'. Policymakers and researchers have paid little sustained attention, however, to children fathered by peacekeepers. In this article, we share the results of our mixed-methods SenseMaker® research with community members who interact with peacekeeping personnel and interviews with 58 women who are raising children fathered by peacekeepers. Despite the United Nations policies in place, most women did not report children fathered by peacekeepers and did not receive systematic support. The analysis reveals a large gap between the aspirations of the 'zero tolerance policy' and its operationalization in the Democratic Republic of Congo. We uncovered deep poverty and insecurity as both driving and resulting from women's sexual encounters with peacekeepers, with support needs largely unmet. We argue that there is a lack of enforcement of the United Nations policies, jurisdictional complexity and inaccessible justice, as well as significant gaps between the United Nations' approach to investigating and supporting children fathered by peacekeepers and the expectations of mothers, resulting in worsened life conditions for mothers and their children. [ABSTRACT FROM AUTHOR]

The article deals with the implementation of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine", which concerns the dismissal of civil servants in accordance with the Law of Ukraine "On Purification (Lustration) of Power" of September 16, 2014. It is noted that this decision had a large public impact resonance. To fulfill it, Ukraine must pay the debt collectors compensation and take additional measures of an individual nature; take measures of a general nature. The application of the decision of the European Court of Human Rights in the case "Polyakh and Others v. Ukraine" to the implementation of the compensation payment did not cause obstacles, just as there are no obstacles for the payment of compensation to debt collectors, since the funds for such payments are in a special budget program. The most difficult is the implementation of the decisions of the European Court of Human Rights in terms of taking measures of a general nature: making changes to the current legislation and the practice of its application; making changes to administrative practice; provision of legal examination of draft laws; provision of professional training on the study of the Convention and the practice of the Court of prosecutors, lawyers, law enforcement officers, workers of immigration services, other categories of workers whose professional activity is related to law enforcement, as well as to keeping people in conditions of deprivation of liberty; other measures to be determined - subject to supervision bythe Committee of Ministers of the Council of Europe. The general measures taken by Ukraine to implement the decision of the European Court of Human Rights in the case "Polyakh and others v. Ukraine" have been analyzed. Attention is focused on the fact that, unlike the lustration laws of other Council of Europe member states, the Law of Ukraine "On Purification (Lustration) of Power" has a wider scope of application and is aimed at achieving two different goals - the protection of society from persons who, due to their behavior in the past can harm the newly created democratic regime and the cleansing of state authorities from persons who were involved in large-scale corruption. A legal assessment of the approach used by the state - preservation of automatic lustration - is given and a conclusion is drawn regarding its compliance with the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. [ABSTRACT FROM AUTHOR]

The Supreme Council of Justice, which replaced the Supreme Council of Justice, plays a rather serious and important role in the formation of the judicial corps, the appointment and dismissal of judges, as well as in their disciplinary responsibility. Accordingly, it can be argued that ensuring the independence of the judicial branch of government and expanding access to fair justice for everyone is closely related to the effective functioning of the Supreme Council of Justice, or the Supreme Council of Justice. If we turn to the history, the history of the creation of such a body in Ukraine, then we should start from 1998, since it was then that the High Council of Justice was formed, which determined the path of development of the judicial system. The creation of such a step was quite a powerful jerk of our judicial system. However, despite a rather positive goal, there were a number of shortcomings in the High Council of Justice, which led to the need for reform, which began in 2015, as part of a large-scale judicial reform, which in turn was aimed at improving Ukraine's compliance, especially in the field of justice, to European standards. The changes that occurred in the Constitution of Ukraine, introduced back in 2015, made it possible to foresee the creation of the High Council of Justice, which precisely increased the requirements for judges and the optimization of the judicial system. The purpose of this organization was aimed at strengthening the independence of the judicial branch of government, thereby making it more transparent and accessible to citizens, increasing their trust. Therefore, it can be argued that the Supreme Council of Justice acts as a key body responsible for reforming and proper functioning of the renewed judicial system of Ukraine. Further efforts should be aimed at strengthening independence and increasing the efficiency of its activities, both in the interests of Ukrainian society and the state. Only in the presence of institutional capacity and public trust will the High Council of Justice be able to properly ensure the formation of an independent and professional judicial corps, guarantee the independence of judges by supervising them, observe rights and freedoms, help reform the judicial system (improve the judiciary), overcoming various gaps in it, and also strengthen international cooperation and European integration. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents an interview with five retiring leaders in access to justice such as Jean Lastine; Justice Margaret Chutich and Pam Wandzel reflecting on their careers and the future of legal aid and pro bono work. Topics include their motivations for pursuing public interest law, the evolution of pro bono services and technology in legal aid, and the challenges in ensuring access to justice, particularly in rural areas.

The article focuses on the Minnesota State Bar Association's (MSBA) initiatives to integrate artificial intelligence (AI) into the legal field. Topics include the establishment of the AI Working Group and AI Standing Committee, the creation of an AI Sandbox to facilitate the safe use of LLMs in legal practice, and the potential of these technologies to address access-to-justice issues for low-income individuals.

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

What is the role of preventive legal advocacy in promoting justice for families and redefining child welfare to focus on family and community‐based systems which prioritize community‐based support and to forego government oversight, regulation and punishment? Given the timeline for systemic reforms and the necessity of providing access to justice for families presently struggling to protect their family autonomy, preventive legal advocacy is a critical piece of reform efforts and scholarly attention. This article advocates for the expansion of existing preventive legal advocacy models and legislation codifying early access to counsel with the goal of disrupting the traditional pathways into the child welfare and family regulation system, enforcing the rights of parents and children to their family autonomy and meaningfully supporting families to thrive. Key points for the family court community: Preventive legal advocacy can interrupt the traditional path of a child neglect or maltreatment report and investigation by identifying legal issues and providing civil legal support.Programs such as medical‐legal partnerships and early family defense provide a model for addressing the unmet legal needs and underlying issues which traditionally bring families into contact with the child welfare system. [ABSTRACT FROM AUTHOR]

Through the 2030 Agenda, international bodies have set out 17 highly interconnected Sustainable Development Goals (SDGs) to set course for the equitable and just development of society. SDG5 seeks to empower women and girls as a way of guaranteeing their fundamental rights, which are sometimes violated by the physical superiority of men who exercise their power by undermining women's freedoms. This study aims to analyse the connection between SDG1, SDG3, SDG8 and SDG11, and the protection of women, identifying the lines of action needed to favour access to justice for victims of gender‐based violence. The study was carried out on a panel sample of the 17 Spanish Autonomous Regions over a decade (2012–2021), using the generalised method of moments, specifically the xtabond2 estimator. Development was carried out in two stages: (1) the measures implemented by the Spanish authorities and the quality of life of the population were analysed, (2) six representative dimensions of quality of life associated with different targets of the SDGs were studied. Both scenarios were designed with the common objective of determining their impact on reporting to the police. The results show the need to reinforce protection orders, as well as to put in place the necessary measures to improve women's quality of life in order to attain a violence‐free society. Specifically, education, economic stability, mental and physical health, and work must be enhanced. In short, socio‐economic policies should be oriented towards the creation of a climate of security that favours access to justice for battered women. [ABSTRACT FROM AUTHOR]

What can access to justice look like in an authoritarian setting? In Russia, the law allows ordinary citizens who do not have a legal education to act as so-called citizen legal advocates (CLAs) in both criminal cases and cases on administrative offenses (non-criminal infractions). Drawing on qualitative fieldwork among CLAs in training sessions and in court, we show that lay people can enhance access to justice by impacting defendants' experiences of the legal process itself despite the likely negative legal outcome. Through their multiple roles from legal advisors and coaches to guardians of prisoner welfare, we demonstrate the ways that lay people can contribute to access to justice at every stage of a defendant's journey through the system. Examining the case of lay lawyering in a repressive setting enables us to elicit and zoom in on practices—often obscured in the existing outcome-oriented scholarship—that are meaningful for access to justice in courts and prisons across the democratic/authoritarian divide. [ABSTRACT FROM AUTHOR]

The article examines the complex relationship between civil and criminal legal systems and their joint impact on individuals. Topics discussed include the pervasive challenges of civil and criminal justice overlap, the systemic inequalities affecting marginalized groups, and the need for integrative approaches to enhance justice outcomes across both systems.

Race-and-class-subjugated communities continue to experience disproportionate police violence despite increased attention to this longstanding problem. This study examines how residents make sense of the legal issues that arise from these encounters and turn to civil law for assistance. I do so by unifying scholarship on police encounters, legal consciousness, and access to justice to consider the obstacles everyday people encounter when they consider filing a civil legal claim in the aftermath of police violence. Drawing on ethnographic fieldwork and interviews with 24 residents and two attorneys specializing in police brutality, I find that all residents, but especially those who sought civil legal justice, experienced what this study calls a legal mirage—which occurs when a knowable legal process exists to pursue one's rights, but a variety of barriers (e.g., structural, human, financial) make that process unreachable. Three obstacles reinforced this mirage: difficulties obtaining competent representation, unresponsiveness when securing evidence, and frustration navigating municipal indemnification. I conclude by outlining the practical implications of this research for advocates looking to increase access to civil legal services and reduce police violence. Without these interventions, civil legal justice may remain elusive and beyond the reach of everyday people. [ABSTRACT FROM AUTHOR]

Unique among marginalized groups, American Indians are both citizens of the United States and citizens of sovereign tribal nations, as recognized (but not granted) by federal Indian law. However, even as tribal nations exert increasing economic and political power, criminal legal outcomes for tribal members—who interface with an array of tribal, local, state, and federal law enforcement and justice systems—remain detrimental or are worsened. These outcomes also include increased contact with state courts and the delegitimization of tribal courts, which uniquely implicate the civil justice context. We use the settler colonial framework to investigate how tools of state criminal law, such as heavy policing and disparate punishment, may impact the civil justice needs of Indigenous people, and more broadly, the very sovereignty these policies aim to protect. Drawing on interviews and observations in tribal and county-level courts, we examine the experiences of American Indians and other stakeholders in Indian country. We identify how enforcement practices, surveillance of space, and the complexities of layered policing within a "jurisdictional maze" contribute to the deterioration of tribal sovereignty. We contextualize our findings by considering the historical, cultural, and socio-economic factors that influence the experiences of American Indians in the criminal justice system, and by examining the civil justice implications. [ABSTRACT FROM AUTHOR]

Researchers working across a variety of contexts have documented a common phenomenon: the tendency for one legal liability or entanglement in people's lives to beget another. In this article, I label such phenomena liability chains and provide a framework for analyzing them as an access to justice issue. To do so, I draw on my original research on welfare fraud investigation, which included a review of documentary evidence and interviews with fraud workers in five politically and socioeconomically diverse U.S. states. Building on previous research, these data reveal three primary ways that liability chains contribute to the access to justice crisis. First, liability chains facilitate the origination of new legal problems, often in ways that are biased and systematically unequal. Second, liability chains involve processes that allow authorities to sidestep procedural protections when building criminal cases. Third, and most importantly from the access to justice perspective, liability chains produce outcomes that are unfair, with likelihoods of new legal liabilities contingent on the presence of existing liabilities and entanglements. Moving forward, this framework offers researchers a resource to test and refine in considering the access to justice implications of liability chains in various sociolegal settings. [ABSTRACT FROM AUTHOR]

A rich literature uses law and social science methods to better understand household financial distress and overindebtedness both inside and outside of bankruptcy. This scholarship contributes to several ongoing scholarly conversations, such as those on income and wealth disparities across race and class, how people live in circumstances of financial precarity, why people turn to the legal system to solve their problems, and how to improve access to justice so people can get the help they need. We first review the current literature about who files bankruptcy, the contributors to people's need to file bankruptcy, what happens to them in bankruptcy court, and what happens after their bankruptcy cases conclude. We then outline a research agenda of low-hanging fruit that will contribute to broader sociological and sociolegal research agendas, including economic mobility, aging, gender studies, health studies, family studies, social psychology, and policy work. [ABSTRACT FROM AUTHOR]

Decentralized justice is a novel approach to online dispute resolution based on blockchain, crowdsourcing and game theory for adjudicating claims in a neutral and efficient way. Since the launch of the first decentralized justice platform in 2018, the field has attracted wide interest both from practitioners and academics in Web3 and dispute resolution. The decentralized justice approach is based on the ideas of decentralization, economic incentives and a claim to fairness in its decisions. At the current stage of development, decentralized justice is facing a number of technical, market, legal and ethical challenges for further development. This paper provides a review of the short history of decentralized justice, addresses a number of recurrent topics and lays down a path for future exploration. [ABSTRACT FROM AUTHOR]

Article 66 of the UUJN mandates prior approval from the Notary Honorary Council (Majelis Kehormatan Notaris, MKN) for lawsuits against notaries in Indonesia, aiming to protect their professional independence. This study examines the effectiveness, challenges, comparative insights, and reform recommendations regarding Article 66. Effectiveness analysis reveals that while the provision shields notaries from frivolous litigation, it impedes access to justice due to procedural complexities and delays. Transparency issues in MKN decision-making and perceived biases further complicate its implementation. Comparative insights from France, Germany, and the United States highlight best practices such as independent oversight mechanisms and transparent criteria, suggesting reforms to enhance accountability and fairness. Recommendations include establishing clear, public criteria for MKN approvals, setting procedural timelines, and introducing independent review mechanisms to address bias concerns. These reforms aim to maintain notarial integrity while ensuring equitable access to justice. Thus, while Article 66 serves to safeguard notarial functions, addressing its challenges through strategic reforms can foster public trust and strengthen Indonesia's legal framework. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

The article is devoted to the definition of the month and the role of information technology in the activities of judicial authorities. It is established that information technology is a set of methods and tools designed for effective work with information. Regardless of how technologies change or how they are used in various spheres of public life, their main purpose remains unchanged - to ensure the collection, processing, accumulation and use of information. It is substantiated that the integrated use of information technologies in the administration of justice is considered to be one of the key elements of a significant improvement of the functioning of the judicial system of Ukraine. The possibility of online access to court registers, information on the stages of court proceedings, and electronic exchange of legal documents are just a few examples which have become possible due to the introduction of information technology into the work of domestic courts. This type of technology can be used to increase the transparency and accountability of the judiciary, thereby helping it to perform its functions and duties in a more efficient manner. Modern technologies allow judges and court staff to access large electronic databases, including case law and regulations, which greatly simplifies and speeds up the decision-making process. The ability to use e-mail and other digital communication tools has ensured efficiency and convenience in the exchange of information between all participants in the judicial process. Another important achievement is that citizens can now apply to the court electronically, making justice more accessible and convenient. This innovation reduces barriers to going to court, speeds up the process of submitting documents and allows participants in the proceedings to track their progress in real time. Thus, information technology not only facilitates the work of courts, but also makes justice more transparent, accessible and efficient, which ultimately increases public confidence in the judicial system as a whole. The use of information technology together with the Internet has opened up the judicial system to the public. [ABSTRACT FROM AUTHOR]

The author points out that the lawsuit, as a legal institution, has an extremely long history. Like most civil institutions, its origins are connected with the law of Ancient Rome. The article is devoted to the analysis of the institution of the claim in the law of Ancient Rome. It is argued that Roman legislators, court officials and lawyers understood subjective material rights not from the point of view of their material content, but from the point of view of protecting these rights. Claims were not derived from subjective material rights, but, on the contrary, they could confirm their existence. Subjective material rights and their judicial implementation were considered as one whole, preventing the Romans from dividing the law into material and procedural law. It is indicated that the lawsuit did not act as a universal procedural tool that protected against all possible civil offenses. Roman law developed as a system of actions that provided protection in a situation where the few laws in the field of civil law were outdated and could not effectively provide protection to the individual. The peculiarity of the claim within three forms of civil process of Ancient Rome is revealed: legislative, formulary and extraordinary. During the legislative civil process, the lawsuit had to be presented to the court in such a way that it repeated the verbal norm of the law, which the person referred to in his case, otherwise he lost it. Quite often, the verbal voicing of one's claims had to be accompanied by certain gestures literally to the norm of the law. At the time of the formal civil process, the plaintiff filed a claim in court also orally, but without observing the claim formalism, which made access to the court proceedings difficult. At that time, the praetors began to record the claim in writing in a special act-instruction, where the judge was given instructions on how to resolve the case. With the help of these acts, praetors could protect social relations not regulated by custom or law. The extraordinary civil process brings the institute of the claim to its modern understanding: an oral and then a written claim of the plaintiff to the defendant, which must be decided by the court. The lawsuit was considered as a posed question, to which the court decision should give an answer. [ABSTRACT FROM AUTHOR]

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definition and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author's definition of the concept of "justice". Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. Access to justice and access to the court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state-guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for the years 2020-2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person's income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case. [ABSTRACT FROM AUTHOR]

The article examines the factors that determine the content and essential aspect of the results of the epistemology of justice. It was noted that in the conditions of globalization and integration processes, there is a need to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself is a key tool for implementing the principle of the rule of law, as it is designed to ensure the equality of all before the law, the independence of the judiciary and the effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors that determine the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the Soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors that increase corruption risks are analyzed. The importance of European integration processes in reforming the judiciary is highlighted separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the principle of the rule of law. The role of justice in the formation of legal culture and ensuring equality before the law is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of actions of state bodies; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of the legal state, in which the rule of law is the basic principle of the functioning of society and the state. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Access to justice research identifies how unmet legal need arises from and exacerbates disadvantage. In parallel, epidemiological research identifies the inequitable impact of social determinants on health. Health justice partnership (HJP) is an innovative response to this evidence: providing accessible legal help to individuals experiencing complex needs; building the capability of health and legal services to support these clients; and challenging systemic factors that contribute to social and health inequity. HJP offers a broader view of access to justice, demonstrating how the law and accessible legal help contribute to health and wellbeing outcomes, and are part of the shared challenge of responding to health and social inequity. [ABSTRACT FROM AUTHOR]

This article discusses the concept of embedding social rights in a constitutional framework, using Colombia as a case study. The author argues that the legal and social embedding of constitutional social rights can empower citizens and improve access to justice. The article highlights the use of the tutela procedure in Colombia, which allows individuals to file claims to protect their fundamental constitutional rights. The author also compares the Colombian experience to that of the UK, where the Supreme Court has been criticized for retreating from engaging in social and economic policy debates. Overall, the article emphasizes the importance of constitutional embedding and legal mobilization in promoting social rights. [Extracted from the article]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Given the centrality of philanthropic funding to the work of nonprofit food access and food justice organizations, it is surprising how little we know about how foundations conceptualize and assess their grant-making across the food system. Based on an analysis of interviews with program officers at foundations that support food system interventions in New England, this paper describes foundations' initial (and evolving) motivations for grant-making, the outcomes that they expect from investments, and the kinds of information that they see as convincing evidence for such outcomes. At the same time, it explores how program officers' experiences of responding to the COVID-19 pandemic and to contemporaneous calls to redress systemic racism have shaped their practices. This paper points to opportunities for new relationships between community-based organizations and foundations, especially as program officers experiment with practices of trust-based philanthropy. It also highlights, however, the challenges posed by philanthropic board members' assumptions about quantifiable program outcomes and concerns about supporting overtly "political" work. [ABSTRACT FROM AUTHOR]

Feeling the exhaustion of multiple disability-related violations occurring in the classroom, staff from the Office of Disability Access at Heneton College have begun to feel isolated and hopeless. When the opportunity for collaborative, college-wide disability-centered training becomes available, it is met with mixed reviews and lots of opinions from across the institution. Some are supportive, many are feeling the pressure of multiple professional development and training obligations, and some question why the institution even needs this kind of training. Leaders in this case are faced with questions around shared governance, organizational change, and equity and inclusion. [ABSTRACT FROM AUTHOR]

When e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts. As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings? [ABSTRACT FROM AUTHOR]

The incorporation of Information and Communication Technologies (ICTs) in the justice sector is not necessarily a new phenomenon. Nevertheless, the outbreak of the Covid-19 pandemic accelerated this process, as it required rapid solutions to mitigate the effects of social distancing and other security measures, for which ICTs proved crucial to ensure the continued provision of basic legal services. Initially used only for urgent matters, after two years it has become highly integrated into the regular functions of judicial institutions and is expected to continue as a critical tool against overburdened dockets. ICTs in the justice system can serve different purposes and can therefore be analyzed from different perspectives: efficiency in the administration of justice, interoperability between institutional actors, improvement of information for decision-makers, transparency and accountability, among others. This article focuses on access to justice. Therefore, it analyzes the ICTs implemented in Latin American countries, with a focus on the Chilean judiciary – particularly in the civil justice system – from a critical point of view, based on access to justice standards. [ABSTRACT FROM AUTHOR]

Themis procedural decisions have a huge impact on legal practice. Scientists, professors of law faculties, investigators, lawyers, prosecutors, judges, participants in criminal proceedings and society in general should have access to court decisions within the framework of the principle of publicity and openness of judicial proceedings (Clause 20, Part 1, Article 7, Article 27 of the Criminal Procedure Code). In this direction, two trends are present in modem conditions: the increase in the number of documents and the digitization of documents. The openness of judicial practice is slowly moving from a paper form to a digital form. Taking into account this dynamic, the importance of studying information and analytical tools for the court decisions analysis made in criminal proceedings is increasing. An overview of these tools became the purpose of this publication. It is emphasized that the analysis of judicial practice data makes it possible to evaluate not only the functioning of separate legal norms and institutions of substantive and procedural law, but also to consider the activity of the justice system in a broader context from the point of view of system-creating potential, the lever for the implementation of the rule of law and the approval of the model of due legal procedure, implementation of international standards and legal policy in the state. The article discusses digital platforms: «Unified State Register of Court Decisions», «Base of Legal Positions of the Supreme Court», «Analysis of Judicial Practice», «Court Statistics», HUDOC, «Protection of State Interests in the European Court». Special attention is paid to the web application «Combating crime in Ukraine: infographics», as well as open databases of judicial practice in Belgium, Great Britain, Spain, Lithuania and Germany. The study confirmed the pluralism of information and analytical tools for judicial practice research. Information and analytical resources are important for educational and scientific purposes, for sharing experience in the practical field, for identifying problems and for developing unified approaches to their solution, as well as for making strategic decisions regarding the reform of the justice system in Ukraine. The national database of the Unified State Register of Court Decisions in terms of informativeness and interface is no worse than foreign counterparts, although there are obvious directions for improving the functionality of the system taking into account modem challenges and needs. [ABSTRACT FROM AUTHOR]

Resolving disputes over election results between candidates within the same party currently does not guarantee access to justice for prospective members of the Indonesian House of Representatives (IHR). To file a lawsuit, candidates must obtain a written permission letter from the leader of the supporting party. Since the implementation of the open proportional system from 2009 to 2019, 27 candidates' applications for disputes over election results were rejected by the Indonesian Constitutional Court due to the absence of such written permission, which is a formal requirement. This research focuses on resolving election result disputes between legislative candidates and explores the opportunities for using Alternative Dispute Resolution (ADR). Employing a normative juridical research method, the study proposes the institutionalization of ADR for IHR election result disputes. It advocates the use of facilitative mediation, evaluative mediation, and arbitration conducted by the Party Court. These methods would complement and support the existing formal mechanisms at the Constitutional Court, providing a more accessible and just avenue for candidates to resolve their disputes. The findings of this research highlight the necessity of integrating ADR into the dispute resolution framework to enhance the fairness and effectiveness of the electoral process for legislative candidates in Indonesia. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began in 2018. The article establishes that the peculiarities of the constitutional complaint in Ukraine allow it to be characterized as individual, direct, and «partially normative,» since its subject matter only covers «the law of Ukraine,» with the object of the constitutional complaint being limited exclusively to laws of Ukraine. The Ukrainian model of the constitutional complaint, by its potential, serves as an effective tool for protecting constitutionally guaranteed human rights, with the condition of its effectiveness being the productive activity of the Constitutional Court of Ukraine. At the same time, the author draws attention to the debatable nature of limiting the object of the constitutional complaint exclusively to laws of Ukraine in view of the needs and realities of Ukrainian society in terms of guaranteeing human and citizen rights and freedoms. It is proposed to expand the range of legal acts that can be challenged through a constitutional complaint to verify their constitutionality, including other normative legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in cases where the application of these acts in a specific case led to a violation of the rights and freedoms enshrined in the Constitution of Ukraine. It has been established that the introduction of the institution of individual constitutional complaint is a valuable step in the context of ensuring an individual’s access to constitutional justice in Ukraine and a guarantee of the effectiveness of the right to judicial protection. It is concluded that the right to file an individual constitutional complaint is an important guarantee of access to justice, as it ensures the nonillusory nature of democratic values, the principle of the rule of law, and contributes to the development of a judicial system that guarantees equality before the law and a fair trial [ABSTRACT FROM AUTHOR]

The article is devoted to study of a procedural mechanism for protection of the constitutional right to property in criminal proceedings in the context of the right to access to justice. It is stated that the European Court of Human Rights, in the light of its judgments, has repeatedly emphasized that “interference with the right to peaceful enjoyment of property must be carried out in compliance with a ‘fair balance’ between the requirements of the general interest of society and the requirements of protection of fundamental rights of an individual.” It is determined that the inviolability of property rights is one of the basic principles of criminal proceeding. The procedural mechanism of initiation or implementation of other appropriate action by an individual (an owner or a legal user of property) whose property has been temporarily seized (unless this person is a suspect) is analysed in order to protect his or her rights and freedoms, to protect his or her property. In particular, it is argued that an owner or legal user of property, who is not endowed with a different procedural status in criminal proceedings, is another individual whose rights or legitimate interests are restricted during the pre-trial investigation, and who has the right to appeal against inaction, which consists in the failure to return temporarily seized property. The author supports the view that, given the normative content of the adversarial principle, a participant in criminal proceedings, who has filed a complaint, must prove each circumstance set forth in it, and an investigator, a detective, and a prosecutor have the right, since it is not their duty to participate in the court hearing, to refute the arguments of the complaint and justify the legitimacy of their procedural behaviour, and the parties are not deprived of the right to present additional arguments in favour of their position that are not set forth in the complaint or in the contested decision. It is noted that the legislator’s restriction of a person’s right to appeal against an investigating judge’s decision may be justified only in respect of appeals against rulings which do not restrict the fundamental rights defined by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms, and do not impede access to justice. In other cases, individuals should have the right to appeal the relevant ruling of an investigating judge, as ensuring judicial control over all actions and decisions in criminal proceedings that in any way restrict the rights of a person is essential for the compliance of legislation with European standards. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Konfliktmanagement is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Are women disadvantaged whilst accessing justice? I chart, for the first time, the full trajectory of accessing justice in India using an original dataset of roughly half a million crime reports, subsequently merged with court files. I demonstrate that particular complaints can be hindered when passing through nodes of the criminal justice system, and illustrate a pattern of "multi-stage" discrimination. In particular, I show that women's complaints are more likely to be delayed and dismissed at the police station and courthouse compared to men. Suspects that female complainants accuse of crime are less likely to be convicted and more likely to be acquitted, an imbalance that persists even when accounting for cases of violence against women (VAW). The application of machine learning to complaints reveals—contrary to claims by policymakers and judges—that VAW, including the extortive crime of dowry, are not "petty quarrels," but may involve starvation, poisoning, and marital rape. In an attempt to make a causal claim about the impact of complainant gender on verdicts, I utilize topical inverse regression matching, a method that leverages high-dimensional text data. I show that those who suffer from cumulative disadvantage in society may face challenges across sequential stages of seeking restitution or punitive justice through formal state institutions. [ABSTRACT FROM AUTHOR]