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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 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]

The article in the magazine "Environmental Legal News" compiles several articles from periodical publications on topics such as access to justice, agriculture, water, food, among others. It highlights the protection of agricultural lands, the recognition of water as a subject of rights in Peru, and the distribution of food in local food systems. It also addresses topics such as green public procurement, environmental taxation, and food security. [Extracted from the article]

The regulation of administrative transparency, already with Law 19/2013, of December 9, on transparency, access to public information and good governance, regional regulations or sectoral legislation such as law 27006, of July 18, by which regulates the rights of access to information, public participation and access to justice in environmental matters, imposes obligations of active publicity in environmental matters. This information is also found in public records or administrative files and is generated in the preparation of plans, studies, reports, administrative authorizations with a significant effect on the environment. But also in the active advertising derived from public sector contracting, in the non-financial information of companies, all of which in turn represents a huge accumulation of data that has (or can) have intrinsic value, but that is also an instrument for better environmental protection. This work only aims to identify some of these sources of obtaining information, in relation to access to environmental information, highlighting that it is made up of the set of documents or contents, whatever their format or support, that are in power of any of the subjects to whom these transparency obligations apply, whether it has been developed or acquired in the exercise of their functions. Information from which data of high environmental value is obtained or generated, all of which has a clear vocation to protect the environment. [ABSTRACT FROM AUTHOR]

The development of digital tools that enhance communications, security and decision making have caught the attention of international development agencies, national governments, civil society organizations, and the private sector. The United Nations Development Programme (UNDP) has highlighted the importance of digital tools as a means "to improve justice sector efficiency, transparency and access to justicel, 1-1 while the European Commission has aligned them with "a new push for European democracy in line with the political priority of a Europe fit for the digital aget." With these observations in mind, this article focuses on the unique advantages and challenges presented by the ongoing efforts of digitalization as they pertain to litigation. I provide examples drawn from dilferent jurisdictions, policies, strategies, and success stories regarding this important phenomenon. [ABSTRACT FROM AUTHOR]

The article explores the consumer justice system in the European Union (EU). Topics discussed include European federalism and the impact of sectoral lawmaking on consumer justice, consumer protection policies, laws and justice systems, elements of and changes to public law enforcement in Europe, the ombudsman model as a public and private approach to consumer justice, consumer justice in the U.S., and benefits of a European-style systemic design.

An introduction is presented in which the author discusses articles within the issue, on topics including class actions and the European Union's (EU) Representative Actions Directive, consumer justice in Europe, and third party litigation funding under the compensatory collective action procedure in the Netherlands.

There is limited access to Justice system services in rural communities of Namibia, stemming from inadequate infrastructure and resources which contributes to a concerning escalation in poverty and crime rates within these communities. The study examines the factors that influence the Namibian Ministry of Justice's services to rural areas. The qualitative methods were employed, and actor-network theory (ANT) was applied as a lens for analysis. The study reveals that a mobile-enabled platform can be used to improve the efficiency and effectiveness of the Ministry of Justice service delivery. It highlights the factors that can influence the development of the platform. The findings have significant implications for improving the efficiency and effectiveness of the Justice system services, from both technology and the Ministry of Justice's perspectives. [ABSTRACT FROM AUTHOR]

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.

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.)

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]

The article focuses on developing a framework for researching and evaluating lay legal assistance programs to enhance access to justice. Topics include the historical context of lay legal assistance, the importance of evaluation for new justice initiatives, and contemporary challenges in understanding the effectiveness and impact of legal services provided by nonlawyers.

The article focuses on the ongoing access to justice crisis in America and explores potential solutions presented during a symposium hosted by various legal organizations. Topics include the historical development of civil legal services, the impact of administrative policies on disability benefits, and the role of community advocacy in ensuring fair legal representation.

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are also cloaked in secrecy. Data about how and why prosecutors make decisions often does not exist or is shielded from public view. As a result, it has been nearly impossible to determine the extent to which prosecutors’ decisions contribute to racial disproportionality in the criminal legal process, let alone whether such decisions are the product of racial bias. This Essay argues that prosecutors’ offices must collect, maintain, and publish standardized data on the bases of their charges, declinations, plea offers, and resolutions if we are to ever understand and address vectors of racial bias in the criminal legal system. Contextualizing this “call for data” within two case studies—one on the racialized impact of felony murder and accomplice liability murder laws and the other on the California Racial Justice Act—we demonstrate how prosecutorial data transparency would enable researchers, advocates, and policymakers to better identify and remediate racial bias in decision-making. Data transparency would also promote prosecutorial accountability both internally and externally. Legislative efforts to implement data transparency must address privacy and surveillance concerns, especially since prosecutorial data transparency would expand a carceral source of information. At the same time, the consequences of data opacity are already shaping case outcomes. In this way, data transparency provides one remedy for currently unchecked systems, and serves as a step towards data justice. [ABSTRACT FROM AUTHOR]

This Keynote Address, delivered in celebration of the launch of SCALES, discusses the importance of making local and state court data available for research on the functioning of the American civil justice system. It describes the regulatory and administrative challenges of obtaining high-quality data from courts. It calls for a concerted effort among researchers and policymakers to develop open-source technologies for the development of case management systems and data infrastructure. And it urges researchers to foster a collaborative research ecosystem based on broadly sharing court data. [ABSTRACT FROM AUTHOR]

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 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]

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 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]

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]

The implementation of legal aid service standards, as outlined in Regulation No. 4 of 2021 by the Minister of Law and Human Rights of Indonesia, was expected to enhance the quality of legal aid services. However, in reality, suspects continue to experience inconsistent access to their rights, especially within the criminal justice system. This study aims to investigate the application of these standards across the police, prosecutor's office, and court sectors. Employing an empirical juridical approach with a qualitative and comparative study method, data was gathered through interviews and literature review, then analyzed using content and comparative analysis techniques. The findings reveal that the enforcement of legal aid service standards in the criminal justice system has been ineffective, marked by frequent violations of suspects' rights. These violations include providing indirect assistance, inadequate representation at various stages of trials, appointing advocates not affiliated with accredited LBH (Legal Aid Institute), and advocates displaying insufficient responsiveness and engagement in assisting suspects. Such violations significantly hinder suspects' access to justice within the criminal justice system.

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 261-274 | European Forum Insight of 08 July 2024 | (Table of Contents) I. Introduction. - II. Art. 9(3) of the Aarhus Convention and access to justice. - III. Art. 9(3) and the EU legal system: a story of uneasy bedfellows. - IV. The “sectoral” approach and its shortcomings. - iv.1. The genesis of the “sectoral” approach. - iv.2. Analysis of the sectoral provisions: a patchwork of inconsistent approaches. - V. Conclusion | (Abstract) Access to justice in environmental matters is one of the three pillars of the Aarhus Convention, to which both the EU and its Member States are Parties. In the Convention, access to justice is subdivided into four limbs. Art. 9(3) contains the general obligation of access to review procedures for the public of acts and omissions of private persons and public authorities concerning national law relating to the envi-ronment. Art. 9(3) had to be transposed by the Parties to the Convention, taking the discretion left by the vague wording of the provision into account. At the EU level, unlike for art. 9(1) and (2), there is no formal transposition of art. 9(3) in a dedicated Directive, because of Member States’ reluctance. The so-lution found by the Commission to remedy this lack of EU legislation on the matter was the publication of a soft law instrument in 2017. Since then, we have witnessed a shift in the approach used by the EU legislator, with access to justice provisions being incorporated directly into several pieces of “sectoral” legislation (Regulations and Directives), across various environmental areas. This Insight aims at retrac-ing the history of art. 9(3) of the Aarhus Convention in the EU legal order and at analysing and evaluat-ing the recent tendency of including access to justice rights in sectoral legislation.

Accessible justice and public and fair consideration of the case are important achievements of humanity, but Ukraineʼs legislation does not provide all the opportunities that can allow participants in the judicial process to influence the course of pre-trial investigation and judicial proceedings, which actualises the research on the subject. The purpose of the study was a comprehensive analysis and generalisation of various aspects of the exercise by private participants in criminal proceedings of the right to a fair and impartial consideration of a case by a court. The study was conducted on the basis of a number of general scientific methods and asynchronous comparative analysis of the previous and current criminal procedure legislation and practice of Ukraine, a number of international acts, acts of a recommendatory nature, case law of the European Court of Human Rights. The analysis of the Ukrainian criminal procedure legislation, considering its compliance with the provisions of European standards of access to justice allowed stating that, in general, these standards are met and sometimes even exceeded. Therewith, there are certain omissions and shortcomings of the national legislator in relation to certain special procedures of criminal proceedings – namely, proceedings based on agreements and proceedings in private prosecution cases. Such shortcomings groundlessly block and make it impossible for both parties to the criminal conflict to actually appeal to the court: the victim (or one who considers themselves as such), the suspect/accused, and persons who are not parties to a particular criminal proceeding but the interests of whom are directly affected by the courtʼs decision. It was argued that the problems concerning the implementation of real access to justice in criminal proceedings in Ukraine have many insufficiently examined or rather controversial theoretical aspects, the legal regulation of certain provisions by the national lawmaker is far from generally recognised world and European standards and rules, and the relevant law enforcement practice is also imperfect. Therewith, it was stated that certain law enforcement, legislative, and theoretical problems still have effective solutions. The considerations and conclusions set out in the study can be used by the legislator when making changes and additions to certain regulatory legal acts and can be useful for both individuals and employees of criminal justice bodies

Public interest litigation (PIL) emerged as a distinct form of litigation originating from the historical trajectory and legal context of the United States. Initially shaped by America's legal associations and rooted in the civil rights movements of the mid-20th century, these litigations addressed the shortcomings in traditional democratic models. They serve as a mechanism to uphold the assurances enshrined in the legal framework, such as the Sani Law, catering to classes and individuals deprived of fundamental rights and human dignity. PILs are instrumental in granting marginalized segments of society access to judicial justice, primarily focusing on the safeguarding of their fundamental rights and the rectification of legal ambiguities. Moreover, they aspire to instigate 'social change,' where the outcomes extend beyond individual cases and can be applied to similar situations, amplifying their impact. Advocating for human rights principles stands as the underlying motive and impetus behind such petitions. Various nations, including India, have adapted and refined this litigation model to suit their distinct social contexts and legal structures. Notably, in India's legal system, the Supreme Court judges have spearheaded innovation, particularly in relaxing the stringent requirements for the plaintiff's general authority.

The expansion of government activities and the development of administrative structures for the provision of public services and the fulfillment of the economic, cultural, and social rights of the people require that there be costs in return for the provision of these services; The judiciary is one of the public services to which the government owes and the belief that litigation is free should be discarded, but the costs of resolving disputes should not be such as to undermine the principles of fair trial or impose a financial burden. Impose a burden on plaintiffs. The provision of judicial services cannot and should not be sought only to generate revenue and neglect other purposes of litigation; Attention to goals such as reducing lawsuits, directing people to alternative institutions by gaining their trust in the judiciary, improving the quality and quantity of proceedings and rulings, and finally the satisfaction of the parties to the dispute and the outcome of the lawsuit, can provide the necessary income. The judiciary also guarantees its social goals, and in fact, with a comprehensive view of all goals, it is possible to provide a suitable criterion for determining the costs of litigation, and in this regard, legal principles should not be violated.The present research has been descriptive-analytical and with a documentary and study method, with an applied purpose, the effect of litigation costs on the principles of fair trial and a critique of the approach of the legislature and the judiciary towards this institution.

Abstract Background Although it is widely acknowledged that access to civil justice (ATJ) is a key social determinant of health (SDOH), the existing literature lacks empirical evidence supporting ATJ as a SDOH for specific dimensions of health. Methods A legal epidemiological, cross-sectional, postal survey was conducted on n = 908 randomly sampled participants in Hong Kong in March 2023. Data collected were perceptions of the civil justice system, health, and sociodemographics. Perceived ATJ was assessed using a modified version of the Inaccessibility of Justice scale (IOJ) and Perceived Inequality of Justice scale (PIJ), i.e. the “modified IOJ-PIJ”, consisting of 12 of the original 13 items from both scales divided into two subdomains: “procedural fairness”, and “outcome neutrality”. For health data, quality of life was assessed using the Hong Kong version of the Abbreviated World Health Organization Quality of Life questionnaire (WHOQOL-BREF(HK)), psychological distress (including symptoms of anxiety and depression) was assessed using the four-Item Patient Health Questionnaire (PHQ-4), and having comorbidities was assessed using Sangha’s Self-Administered Comorbidity Questionnaire (SCQ). Structural equation modelling (SEM) was used to investigate the relationships between perceived ATJ and the measured health outcomes. Results SEM demonstrated that both subdomains for ATJ had significantly negative associations (B 0; p 0; p

The concept of epistemological access, formulated by Morrow (1994; 2007), has been highly influential in higher education. It has been widely used in the sense of moving beyond physical or formal access to meaningful access to the "goods" of the university. An academic literacy approach acknowledges the complexity of literacy practices at university level. According to this approach, students need to master disciplinary literacies in order to learn and engage with knowledge (Lea and Street 1998; 2006). Epistemological access, social justice and academic literacies have been widely researched in the South African higher education field. This conceptual article explores the relationship between epistemological access and the development of students' academic literacies to enhance social justice within the South African higher education context. We draw on related literature and our current experiences as academics to critique current institutional practices aimed at addressing the development of academic literacies and promoting student success. We argue for greater attention to be paid at institutional and faculty level to enhancing epistemological access and social justice. This article ends by putting forward a number of propositions towards strengthening student epistemological access and academic literacies development in higher education from a social justice perspective. [ABSTRACT FROM AUTHOR]

India has a vast and intricate judicial system for its more than 1.3 billion people. The Indian litigation and Justice delivery system is not only out of date, but it is also time-consuming and cumbersome. The decisions in various cases are influenced and affected by the increasing pendency of cases in India. Judicial and legal reforms are essential if India is to meet the expectations of 21st-century goals. This must be done by maintaining a position that preserves the court's reputation and supports its critical role in maintaining public confidence in the protection provided to them by the law. Implementing the Internet and Information and Communication Technology (ICT) and the application of Artificial Intelligence (AI) in the Indian judiciary needs rejuvenation. Artificial Intelligence (AI) has the potential to overcome some of the challenges faced by the judicial system in India. One of the significant advantages of AI is its ability to analyze vast amounts of data quickly and efficiently, which can help identify patterns and predict case outcomes. AI-powered case management systems can help prioritize cases, reducing delays in the disposal of cases. AI-powered case management systems, legal research tools, and document analysis tools can help improve access to justice and reduce delays. This research paper explores the role of AI in access to justice and justice delivery in India, including its potential applications, advantages, and limitations. This paper begins with an introduction that explains the importance of the topic and provides background information on the justice delivery system in India and the need for the usage of AI in the Indian judicial system. This present research study is principally descriptive and based on analytical methods. The paper further explores the advantages and limitations of using AI in the justice system, along with an explanation of the benefits of using AI, including increased efficiency, reduced costs, and improved accuracy. This paper also discusses the limitations of using AI and also explores the ethical and legal implications of AI in the justice system. [ABSTRACT FROM AUTHOR]

This paper deals with the transformative influence of non-governmental organizations and pro bono lawyers in the legal aid field.1 It underlines how they have been instrumental in their efforts to increase access to justice for the disenfranchised communities.2 Although various strides have been made in recent times concerning frameworks of law, there still exist a considerable number of the society's disenfranchised sections, primarily due to it being arduous to make accessibility easy to legal resources.3 This paper discusses collaborative initiatives between NGOs and pro bono legal professionals as a means to highlight contributions to the betterment of legal aid delivery.4 It brings out effective interventions that not only provide for immediate legal needs but empower people to navigate the complexity of the justice system5 through diverse case studies. It also critically examines their problems - and constraints in resources and bureaucracies - and then develops concrete strategies for strengthening their work and alliance.6 Overall, this paper concludes that NGOs and pro bono lawyers are crucial allies for change, and a full legal aid framework that would ensure equal access to justice is much needed for all. [ABSTRACT FROM AUTHOR]

Thus, legal aid is a right guaranteed by law in India and is mainly targeted at delivering access to justice for marginalized and disadvantaged people disregarding their socioeconomic status. However, due to ignorance, the proximity of their dwellings to the rural setting, limited budgets, and concern over the quality of services, rural folk face great hurdles when they seek to make use of these services. This paper takes recourse to primary survey data to examine the utility and accessibility of legal aid services across rural Jaipur District, Rajasthan. It thereby identifies major issues that confront rural populations-the relative lack of awareness about offered services and practical barriers, such as the cost of transport and travel distance to legal aid clinics. Some of the reservations concerning the competency of legal aid attorneys might act as a disincentive to utilizing legal aid service. The report provides with the recommendations including setting up mobile legal aid clinics in the remotest parts of the country and raising the education level of the legal aid attorneys with funds for traveling as possible solutions to these concerns. This data was graphed out in pie charts to visually present survey data and outline patterns that are pivotal to understanding why these changes are necessary to improve access to justice by rural residents in Jaipur. [ABSTRACT FROM AUTHOR]

The concept of justice, discussed since the beginning of the so-called Greek city-states, has generated debates about what can be considered fair or unfair, as well as whether the conception of justice is capable of being appropriated by the entire society or only to certain groups. privileged social groups, therefore, if the "political animal" defended by Aristotle or the contractualist proposals are capable of being fully exercised by society. Thus, there is a discussion of norms and institutional structures that aim to enable mechanisms for access to justice. Naturalist and contractualist theorists recognize that equality is one of the fundamental goals of society. Such equality, however, is debatable, as well as whether the position of citizen and sovereign people has been taken over by the breadth of society, so that the natural condition of living in society or the act of renouncing part of one's own right for the good common has been made possible by access to justice. There was a theoretical discussion of naturalist and contractualist conceptions and an analysis of mechanisms for access to justice. Even though important mechanisms have been implemented, such as public defender's offices, free procedural assistance, itinerant justice, means of procedural speed, collective actions, self-composed guardianships and constitutional remedies, it has been observed that there is not complete access to jurisdiction, in order to favor the equality defended by naturalist and contractualist theorists. [ABSTRACT FROM AUTHOR]

The objective of this paper is to propose a sentencing model with a gender perspective for judges, which contributes to guaranteeing the application of women's human rights and reducing errors in sentences, such as: revictimization, poor access to justice, discrimination, as well as gender stereotypes or prejudices that can affect judicial reasoning. The methodological design of this study is based on the qualitative paradigm based on the data collection technique and a descriptive legal content analysis of specialized guidelines in the doctrinal and normative field, as well as thirty sentences for gender-based crimes in the period 2020-2023 issued by the Judicial Branch of the State of Michoacán. As a result, a guide or model of sentencing in criminal matters is proposed so that judges can identify and apply it in cases where gender violence has been proven, this will make it possible to have a more precise and solid judgment in its argumentation, as well as to meet the main criteria for the protection of women's human rights before the corpus iuris of law on the matter [ABSTRACT FROM AUTHOR]

Copyright of Araucaria is the property of Araucaria-Revista Iberoamericana de Filosofia, Politica y Humanidades 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 Lex Humana is the property of Lex Humana 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 Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica 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 Cuadernos Europeos de Deusto is the property of Universidad de Deusto 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 Cuadernos Europeos de Deusto is the property of Universidad de Deusto 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.)

Which state-law cases should Congress allow into federal court? Congress's answer has always been "only the big ones." This article revisits the choice to limit diversity jurisdiction to higher-value cases and critically examines how Congress has approached setting the amount threshold. It surveys alternate ways Congress could use case value to sort which cases make it into the diversity docket. We explore lotteries, auctioning access to the highest bidder; setting an amount in controversy maximum rather than the current minimum, pegging the jurisdictional amount to the minimum wage or the cost of a hamburger; employing relative measures that use multiples (or*actions) of a litigant's income, and other devious proposals. Some of these proposals are too radical to ever happen. Others, like changing which damages count toward the limit, are mainstream enough to have been endorsed by the *deral.judiciary. Our goal is tojolt. Few items in Congress's jurisdictional toolkit are so consequential yet so taken for granted, so little examined, or so poorly understood. By reimagining the amount-in-controversy requirement, we aim to ignite renewed attention and appreciation to its impact on the diversity docket. More broadly, we eller this article as a new entry point to revisit the conceptual and doctrinal underpinnings of the federal diversity docket, and access to federal court generally. [ABSTRACT FROM AUTHOR]

Background: Although it is widely acknowledged that access to civil justice (ATJ) is a key social determinant of health (SDOH), the existing literature lacks empirical evidence supporting ATJ as a SDOH for specific dimensions of health. Methods: A legal epidemiological, cross-sectional, postal survey was conducted on n = 908 randomly sampled participants in Hong Kong in March 2023. Data collected were perceptions of the civil justice system, health, and sociodemographics. Perceived ATJ was assessed using a modified version of the Inaccessibility of Justice scale (IOJ) and Perceived Inequality of Justice scale (PIJ), i.e. the "modified IOJ-PIJ", consisting of 12 of the original 13 items from both scales divided into two subdomains: "procedural fairness", and "outcome neutrality". For health data, quality of life was assessed using the Hong Kong version of the Abbreviated World Health Organization Quality of Life questionnaire (WHOQOL-BREF(HK)), psychological distress (including symptoms of anxiety and depression) was assessed using the four-Item Patient Health Questionnaire (PHQ-4), and having comorbidities was assessed using Sangha's Self-Administered Comorbidity Questionnaire (SCQ). Structural equation modelling (SEM) was used to investigate the relationships between perceived ATJ and the measured health outcomes. Results: SEM demonstrated that both subdomains for ATJ had significantly negative associations (B < 0; p < 0.05) with all quality-of-life subdomains, except for between outcome neutrality with social relationships; both subdomains for ATJ had significantly positive association (B > 0; p < 0.05) with both anxiety and depression; and, after adjusting for age, only "procedural fairness" had significantly positive association (B > 0; p < 0.05) with having comorbidities. Conclusion: This study provided empirical evidence that ATJ is a SDOH for specific dimensions of health. The results of this study encourage laws, policies, and initiatives aimed at improving ATJ, as well as collaborative efforts from the legal and health sectors through health-justice partnerships, and from the broader community, to safeguard and promote public health by strengthening ATJ. [ABSTRACT FROM AUTHOR]

This article analyzes the constitutional implications of the future validity of the Escazú Agreement (Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean) in the legal Peruvian system. Second, this article analyzes whether there is consistency between the content of this regional treaty on environmental procedural rights and what is prescribed by the Constitution of Peru. This implies analyzing a series of constitutional principles associated with the Ecological Constitution, the principle of sustainability, the fundamental right to enjoy a healthy environment and the constitutional design of state environmental tasks. Through a documentary analysis of normative, jurisprudential and doctrinal sources on environmental matters, environmental procedural rights are described and their consistency at the level of constitutional regulation with other constitutional goods, such as economic freedoms, is analyzed. Finally, Peru faces various political challenges to improve the public management of its natural resources and thereby define its own model of environmental democracy. In this sense, the Escazú Agreement represents a challenge as well as an opportunity to give greater legitimacy to the planning of public decisions on ecosystems and the use of natural resources, and thereby avoid a possible impact on the fundamental right to a healthy environment. [ABSTRACT FROM AUTHOR]