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Background: All around the world, the paralegal program prepares members of marginalized communities to face the legal system. Having a common background with their clients and being capable of conducting flexible work, paralegals' role moves beyond enlarging the beneficiaries of legal aid to addressing intersectional issues around health-related rights. This study assesses the health and other impacts of paralegals recruited by Lembaga Bantuan Hukum Masyarakat (LBHM), a human rights organization which provides legal assistance and operates in Jakarta, Indonesia. The positive results these paralegals can bring in the specific context can contribute to the development of community-based paralegals elsewhere., Methods: This mixed methods research was carried out in 2016-2018. In 2016, a quantitative survey was administered to LBHM-trained paralegals and a sub-set of paralegals who completed the survey were then also interviewed. Quantitative data were analysed using SPSS, and, for the qualitative data, thematic analysis was conducted., Results: The paralegals make important contributions to health-related rights in four distinct ways. Firstly, most of the paralegals checked their clients' health in all stages of detention, especially regarding their drug dependency status and checking for signs of torture. Secondly, paralegals help clients to be more aware of their health-related rights, especially regarding their rights to obtain health services inside detention. Thirdly, paralegals can ensure that their clients obtain health services by taking medicines directly to the clients or encouraging the law enforcement agencies to refer the clients to health services. Lastly, in drug cases, paralegals help their clients to obtain alternative sentences besides imprisonment., Conclusions: These four contributions verify the positive impacts paralegals, recruited from marginalized communities, can deliver for community members facing criminal justice processes. The shifting role of paralegals from merely an intermediary between clients and lawyers to champions of the health-related rights of their clients can happen as a result of adequate training, support, and networks with other agents in criminal justice system.

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]

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]

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]

Historically, countries have primarily relied on policy rather than legislation to implement Maternal and Perinatal Death Surveillance and Response systems (MPDSR). However, evidence shows significant disparities in how MPDSR is implemented among different countries. In this article, we argue for the importance of establishing MPDSR systems mandated by law and aligned with the country's constitutional provisions, regional and international human rights obligations, and public health commitments. We highlight how a "no blame" approach can be regulated to provide a balance between confidentiality of the system and access to justice and remedies. Synopsis: Legislation can be used by national authorities to render Maternal and Perinatal Death Surveillance and Response systems more effective and accountable than systems based on policy. [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]

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 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]

In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland , the European Court of Human Rights issued its first climate-change-related decision. In a near-unanimous decision, the Grand Chamber of the Court found that Switzerland had breached its obligations under the European Convention on Human Rights. It held that the Alpine state must review and amend its climate change policies accordingly. In this case note, we highlight the key points of the judgment and comment briefly on certain points. [ABSTRACT FROM AUTHOR]

Most European states have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), but implementation varies at national and local levels with municipalities often playing a key role. Decentralization policies have often led to municipalities providing social support as well, but little attention has been paid to the accessibility of municipal support for persons with disabilities in the light of the CRPD. Therefore, this article presents the Dutch 2015 Social Support Act (SSA) as a case study. The SSA introduces the right to an assessment. This legal evaluation moment has far-reaching consequences for persons with disabilities as it serves as the gateway for access to reasonable accommodations under the CRPD. Dutch municipal councils implement their assessment systems in different ways, but social district teams are usually set up to execute the assessment under the mandate of the municipality. It is often the case that social workers fulfil both counselling and gatekeeping roles, despite the fact that they are not necessarily trained to combine these dual responsibilities. This article identifies impeding factors that influence the gaining of access to municipal social support at the level of the social system, the involved organizations and the individual professionals. It takes a legal-anthropological approach based on in-depth multidisciplinary interviews with experts in the field of disability rights advocacy, social policy and human rights, or with experiential expertise. The results indicate a lack of alignment between the SSA and the CRPD. The discussion gives recommendations for a broader implementation of the CRPD. [ABSTRACT FROM AUTHOR]

In 2021, the UN Human Rights Committee (HRC) held Spain responsible for violations of Articles 14(1), 14(5) and 15 (1) of the ICCPR in the Garzón v Spain case. The purposes of this article are three-fold. Firstly, it provides an analysis of the 'Francoism' case and the 'Gürtel' case, the two trials held by the Spanish Supreme Court (SSC) against Judge Garzón, which the HRC declared were 'arbitrary and did not comply with the principles of judicial independence and impartiality', and an assessment of their political and legal aftermaths. Secondly, it assesses the dim prospects for Spain complying with the HRC's views on the Garzón case by providing an updated and comprehensive statistical account of Spain's extremely low record of compliance with previous HRC's decisions. Thirdly, it provides an analysis of the new opportunities for judicial enforceability in cases of non-compliance by Spain with the views of the HRC in the wake of the SSC's landmark judgement on the González Carreño v. Spain case and subsequent case law. The conclusion considers the enhanced potential role of domestic courts in fostering the enforceability of decisions by quasi-adjudicatory human rights bodies both in Spain and in the light of the Spanish experience. [ABSTRACT FROM AUTHOR]

Climate litigation against states is increasingly based on international human rights law. As a result, more climate cases are filed at international human rights courts and treaty bodies. Strict standing requirements pose significant hurdles, however, for individuals and communities to access such courts and treaty bodies, especially for those most vulnerable to the effects of climate change. This article argues that an intersectional perspective aids in overcoming procedural hurdles and can help international and regional human rights courts and treaty bodies to provide access to justice in climate cases, thus enforcing international human rights standards. Intersectionality unveils how climate change exacerbates pre-existing injustices and how society's most vulnerable are structurally hit the hardest by climate change. It thus offers courts a more complete view of the impact of the climate crisis on human rights. Moreover, it illuminates how certain individuals are particularly affected by the climate crisis, aiding them in meeting standing requirements such as victim status and individual concern requirements. Examining recent cases brought on by generational groups, the article illustrates how intersectionality uncovers how the intersection of age and climate make certain generations particularly susceptible to climate change-induced human rights violations. [ABSTRACT FROM AUTHOR]

The article analyzes the general concept of withdrawal from human rights treaties and addresses a specific case of withdrawal from the Optional Protocol to the International Covenant on Civil and Political Rights. The article argues that the human rights regime, due to its axiological nature, the non-reciprocal character of treaty parties' relations, and the final beneficiaries´ expectations, needs lex specialis provisions on the withdrawal matters. Moreover, the results of analyses of the United Nations' bodies show that the general clause on withdrawal being requested by a non-democratic state may lead to the denial of access to international justice for indivi duals and jeopardize the entire human rights protection system. Nowadays, however, the Vienna Convention on the Law of Treaties does not satisfy the needs of the human rights regime. The United Nations and its mandate holders are recommended to request an advisory opinion of the International Court of Justice to clarify the compliance of the termination clause of the human rights treaties with the common values of the international society of states as a whole and the principles of the United Nations. [ABSTRACT FROM AUTHOR]

This article analyses the constitutional complaint in Kosovo through the lens of governmental liability and constitutional certainty. Although it is one of the most significant legal mechanisms for the protection of human rights in Kosovo, the remedial impact of a constitutional complaint does not appear to be appropriate for granting 'just satisfaction' and holding a public authority accountable for a violation of constitutional rights. To make the state's constitutional liability for human rights violations a reality, additional legislative reforms are necessary. The introduction of 'constitutional damage' award in the context of the Kosovan constitutional judiciary is therefore especially pertinent to this end. Such a remedy would hold the state accountable for abuses of human rights originating from the unconstitutional behavior of government officials. It would finally provide victims of constitutional rights violations with appropriate means of legal redress, which is the ultimate end of constitutional justice. The constitutional principle of 'legitimate expectation' is also not unimportant in this context. By offering a critical perspective on the Constitutional Court's case-law, this article argues for the significance of adhering to the 'legitimate expectations' principle to ensure equality of the parties in constitutional litigation proceedings and a constant development of constitutional jurisprudence that is vital for the Kosovan democracy. [ABSTRACT FROM AUTHOR]

The sustainable development goals (SDGs) represent a global effort to address various issues, including social inequality and human rights. SDG 16 seeks to establish peaceful, inclusive societies with access to justice and accountable institutions. Religious moderation is a key means to achieve these goals, promoting dialogue, tolerance, and conflict reduction, while also supporting women's empowerment, child protection, fair institutions, and countering radicalization through education. Interfaith collaboration strengthens efforts related to the environment and poverty. It fosters community participation, contributing to peaceful society in line with SDG 16. Framed within constructivism, this research examines how religious moderation, as a balanced approach that respects different faiths while practicing one's own, can influence norms, identities, and international discourse regarding SDG 16. By analyzing interactions among religious actors, institutions, and state policies, the study assesses how religious moderation shapes societal values in support of social harmony, peace, justice, and human rights. Additionally, it highlights the role of non-state actors, like religious groups, in influencing social policies. By studying the mobilization efforts of religious organizations advocating for SDG 16, the research reveals how religious moderation promotes social harmony and human rights by using religious principles as a common basis for cooperation in today's world. This study aims to explain how religious moderation can advance SDG 16 by fostering social harmony and upholding human rights in contemporary society. To address these questions, the research utilizes constructivism theory, SDG concepts, and the concept of religious moderation. Qualitative methods and literature studies are employed for data collection and analysis, illuminating the connection between religious moderation and SDGs. The research acknowledges challenges related to cultural variations and extremist interpretations, contextualizing the application of religious moderation in diverse societies. Ultimately, the study finds that religious moderation has the potential to promote equitable access to human rights and social inclusivity under the implementation of SDG 16. It contributes to a comprehensive understanding of how religious moderation can drive social harmony and human rights in today's complex and dynamic world. [ABSTRACT FROM AUTHOR]

China ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2008. Hong Kong, as a Special Administrative Region of China is thus also obligated to implement this treaty. CRPD Article 13 protects the right to access to justice for people with disabilities, including Deaf and Hard-of-Hearing (DHH) individuals. In Hong Kong, research exploring the implementation of CRPD Article 13 in practice is lacking. This study utilizes in-depth interviews and case studies of deaf individuals, a case worker, and a barrister as its methodological approach. It aims to investigate the implementation of CRPD Article 13 within the criminal justice system in Hong Kong through the lived experiences of DHH individuals. The findings of the research suggest that there are significant gaps in the implementation of CRPD Article 13 for DHH individuals in Hong Kong. Institutional, communicative, and attitudinal barriers highlighted in the CRPD are identified in the experiences of DHH individuals with the legal system, indicating an insufficiently comprehensive system to ensure equal rights for DHH individuals. [ABSTRACT FROM AUTHOR]

The spotlight has been shone on anti-corruption commissions with the creation of the National Anti-corruption Commission at the federal level in 2023. Despite the importance of these agencies in combating corruption in government, there is relatively little academic research in this area. This article will conduct a historical analysis of the development and evolution of anti-corruption commissions across the Australian federation. It will examine major legislative amendments to Australian anti-corruption commissions from their inception, and the political context in which amendments have occurred, with the goal of determining whether the changes to these bodies are attempts to bolster their function, clip their wings, or protect individual rights. We argue that while principles of independence, accountability and individual protection are important at the level of institutional design, the history and evolution of these bodies reveal the significant and sometimes overwhelming importance of political factors in driving design changes. [ABSTRACT FROM AUTHOR]

The main aim of this paper is examining the impact of globalization on human rights, focusing on the tragic Rana Plaza collapse in Bangladesh. Globalization has led to increased international trade and investment, but it has also raised concerns about its potential negative impacts on human rights, such as labor exploitation and unsafe working conditions. A qualitative case study approach was used, involving government official documents, and human rights activists' campaigns. The findings indicate that the pursuit of profit and cost reduction in a globalized economy has contributed to the erosion of labor rights in Bangladesh. The Rana Plaza collapse revealed systemic failures in safety regulations, labor law enforcement, and corporate accountability. The disaster had a devastating impact on human lives and deepened social inequalities. To mitigate the negative impacts of globalization on human rights, the study recommends to strengthen labor laws and enforcement mechanisms, promote responsible business practices and fair labor policies, enhance workers' rights to organize and bargain collectively, increase investment in worker safety and health, provide access to justice and compensation for victims of labor rights violations. [ABSTRACT FROM AUTHOR]

The article focuses on the plight of noncitizen migrants in India, highlighting their vulnerability due to living in the shadows and being deprived of fundamental human rights. It examines institutional inadequacies, including the absence of specialized immigration courts, outdated immigration laws, and a lack of legal education and research on immigration doctrine, as key factors contributing to migrants' dire circumstances and limited access to justice within Indian society.

People living with dementia (‘PLWD’) have experienced significant human rights violations in long term care (‘LTC’) institutions, including institutionalisation, segregation, detention, violence, and neglect. Wide ranging and ongoing impacts of these violations on PLWD have not been redressed. This article argues for reparations for PLWD who experience harm in LTC institutions. Building on international human rights norms on access to justice and reparations for human rights violations, the article presents empirical findings from a research project on perspectives on reparations of PLWD and their support networks. The article discusses justifications for reparations given by people living with dementia and their support networks. The article reports on six key reasons why reparations are necessary: recognise harm, validate people’s experiences of harm, recognition of equality and humanity of PLWD, equal access to justice, systems transformation, and accountability. The article presents implications of these empirical findings for disability human rights scholars and practitioners.

Non-judicial remedies for corporate human rights abuses have a viable and complementary role to judicial remedies in mature jurisdictions, although in Ukraine the 'bouquet' of effective remedies is more of a still-life. The national mediation community is gaining momentum and the authors argue that mediation may take place within state-based non-judicial remedies when institutionalized by the office of the Ombudsman. The objective of this article is to scrutinize the rule of law, access to justice, and the effectiveness criteria of the UNGPs with regard to mediation. The authors conclude that mediation can meet all of the effectiveness criteria requirements and special effort should be devoted to addressing the challenges of power imbalances between parties, the confidential nature of mediation and the public demand for transparency, to ensure that mediation outcomes are in accord with internationally recognized human rights. Based on the findings, the authors suggest that a state-based business and human rights mediation scheme, in line with the UNGPs' effectiveness criteria, should have its own three pillars, namely, accessibility, availability and awareness, with quality assurance as its cornerstone. [ABSTRACT FROM AUTHOR]

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The article analyzes the sentence of the La Oroya vs. Peru Case, in which the Inter-American Court of Human Rights condemns the Peruvian State for violating human rights, including the right to a healthy environment and the right to health. The importance of corporate due diligence is highlighted according to the Guiding Principles on Business and Human Rights, as well as the "inter-Americanization" of the Escazú Agreement. The article also mentions the importance of considering the context, intersectionality, and intersectoriality when designing a system of corporate due diligence, as well as the generational perspective and future generations affected by human rights violations. The importance of the Escazú Agreement is emphasized, which seeks to protect environmental defenders and has three central axes: access to information, public participation, and access to environmental justice. The IACHR recognizes the importance of this agreement in cases of human rights and environmental violations. The article also analyzes the interconnection between the Guiding Principles on Business and Human Rights and the Escazú Agreement, highlighting the importance of removing obstacles to access to justice and considering the specific needs of victims. The need for the organs of the IACHR to provide guidance on corporate due diligence and other issues related to the interrelation between the environment and businesses is raised. [Extracted from the article]

Intermediaries are professionals who enable the effective right of access to justice for people with intellectual and developmental disabilities, ensuring principles of equity, participation, accessibility and self-determination for them. This paper analyzes the presence and formative background of this figure from an international comparative perspective. Nowadays, we can find these professionals in the international law across different countries: some Nordic countries, United Kingdom, Israel, Azerbaijan, Taiwan, South Africa, Kenya, Canada, part of the USA, Mexico and Chile, Australia and New Zealand. In Spain, intermediaries are considered in the latest reform of the civil and procedural legislation (Law 8/2021, June the 2nd). This paper analyzes the formative background of this figure from an international comparative perspective. We find both formal and non-formal education in the background of these professionals. There is no doubt their profile must adjust to the needs of people with intellectual and developmental disabilities and the contexts that require the facilitation. [ABSTRACT FROM AUTHOR]

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One of the fundamental prerequisites for the progression of criminal proceedings is the participation of procedural subjects in the criminal procedure. Based on this fact, the primary responsibility falls on the justice authorities, who are obliged to ensure the presence of the accused in the procedure. Pre-trial detention is considered one of the most severe measures to secure the presence of the accused in the criminal procedure because it significantly restricts the freedom of the accused, a measure that can only be determined in accordance with the conditions specified by the Code of Criminal Procedure. Within the scope of this work, we will elaborate on the general concepts of pre-trial detention, the conditions for its imposition, its duration, the continuation of pre-trial detention, and the rights of pre-trial detainees. The Code of Criminal Procedure has envisaged the implementation of pre-trial detention in accordance with international standards. The rationale for applying measures to ensure the presence of the accused in the criminal procedure lies in achieving the goal of preventing the delay of the criminal procedure and ensuring access to justice. [ABSTRACT FROM AUTHOR]

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International law has recognized the right of access to justice as a human right. International human rights instruments, such as the Universal Declaration of Human Rights, guarantee the right of every human being to have his or her case heard and adjudicated by an independent and impartial tribunal. The United Nations ("U.N.") has made clear that where people are unable to exercise their right of access to justice, they would not be able to realize their human rights and fundamental freedoms, including their right to be heard and hold those who violate their rights accountable. Access to justice is now generally considered a human rights-based objective and hence, any efforts to recognize and protect human rights must include an effective access to justice framework. Over the years, access to justice has been examined by scholars at the national and international levels and there is general agreement that an effective access to justice framework is one that places each country's diverse population groups, not its institutions, at the center of access to justice. However, proponents of this people-centered approach argue that although access to justice is not synonymous with access to court, the latter is a critical part of the ability of individuals to exercise their right of access to justice. Constraints to access to justice include poverty, corruption in the police and the courts, illiteracy, linguistic challenges, and the geographic location of the courts. In addition, there are obstacles that affect mostly persons with disabilities, which include court buildings that are not accessible to persons with physical disabilities, as well as information that is presented in formats that are not accessible to the blind and visually impaired persons. International law and many national constitutions, including those Of African countries, guarantee the right of access to justice. The enforcement Of this right, however, is the responsibility of courts in the African countries. Hence, national courts are very important in ensuring that citizens realize their right of access to justice. Case law from Kenya, South Africa, and Tanzania has contributed to the emerging African jurisprudence on access to justice and illustrates the critical role played by courts in actualizing the right of access to justice in the African countries. [ABSTRACT FROM AUTHOR]

The article explores the peculiarities of administrative jurisdiction during martial law and its role in safeguarding human rights through judicial protection. It delves into the specific legal regulations governing court activities in such circumstances, highlighting the challenges in protecting human rights. The collaborative mechanisms between courts and judicial self-government bodies are revealed, focusing on ensuring access to justice during martial law. The administrative court's pivotal role in human rights protection is emphasized, along with the disclosed mechanisms for facilitating administrative justice accessibility in martial law situations. The article also addresses the standards of access to justice, examining their implementation in administrative proceedings and analysing measures introduced to support court functionality. Importantly, it underscores that even in the most challenging conditions, the administrative court must leverage its powers to uphold constitutional rights and human freedoms. Beyond the immediate martial law context, the research subtly highlights the broader implications of digitalization in legal processes. The seamless integration of video conferencing not only ensures unimpeded access to justice but also showcases the transformative influence of technology on legal frameworks. The authors' insightful analysis makes a valuable contribution to the ongoing discourse on the benefits of digitalization in legal practices. [ABSTRACT FROM AUTHOR]

The article assesses the independent accountability mechanism (IAM) of the World Bank against the international human rights standard of access to justice. Topics discussed include governance structure of the World Bank, composition and role of the inspection panel, IAM to community complaints about noncompliant projects of the International Bank for Reconstruction and Development or International Development Association, and jurisdictional immunity of the World Bank.

The article analyzes the applicability of due diligence and accountability to the protection of human rights in the context of United Nations (UN) peacekeeping operations. Topics discussed include UN obligations under customary international human rights law and humanitarian law, compliance of UN policies and practice in peacekeeping with due diligence standards, and accountability mechanisms for access to justice for victims harmed as a result of the acts or omissions of UN peacekeepers.

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The purpose of the paper is to analyze the contribution of the European Court of Human Rights to its transformation into a viable solution for the protection of human rights, fulfilling its role as "developer of legal doctrines regarding human rights", a role conferred by the object and purpose of the European Convention on Human Rights, for the maintenance and development of the democratic society model. Moreover, the evolution of the European Court of Human Rights in the last two decades has undoubtedly had a major effect in order to mediate the applicants to access justice, but also on the national courts that must correctly interpret the Convention, in the cases that are subject to judgment, on the basis of the principle of subsidiarity. [ABSTRACT FROM AUTHOR]

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Introduction: The HIV response has long recognized that certain "key populations" such as individuals in detention, adolescent girls and young women, sex workers, people who use drugs, LGBTQ individuals, migrants and others face higher barriers to access to, uptake of, and retention in HIV prevention and treatment services. One approach to addressing these barriers is the training of community paralegals to advocate for the rights of individuals and to address discrimination in health settings. Discussion: Community paralegal programmes have been able to successfully address rights violations that impact access to health services and underlying determinants of health across a range of countries and populations, focusing upon issues such as discrimination and the denial of health services; unlawful detention of outreach workers, sex workers, persons who use drugs and men who have sex with men; and harmful traditional practices and gender‐based violence. In addition to resolving specific cases, evaluations of paralegal programmes have found that these programmes increased legal literacy among key populations at risk of HIV and increased understanding of human rights among healthcare providers, resulting in improved access to HIV services. Some evaluations have noted challenges related to the sustainability of paralegal programmes similar to those raised with community health worker programmes more broadly. Conclusions: To achieve global HIV goals, funding for legal literacy and paralegal programmes should be increased and interventions should be rigorously evaluated. Efforts should target discrimination in access to HIV prevention and treatment and criminalization of key populations, two key barriers to ensuring access to HIV prevention and treatment services. [ABSTRACT FROM AUTHOR]

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This paper explores the right to an interpreter as part of the right to a fair trial under the United Nations and Council of Europe systems of human rights. The right to an interpreter is guaranteed as part of both Article 14 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights. Under both instruments, accused persons are entitled to a number of minimum rights to ensure a fair trial. Both instruments hold that an accused person has the right to "have the free assistance of an interpreter if he cannot understand or speak the language used in court". This paper explores what this right means in reality for accused persons who seek to avail themselves of an interpreter. Only those who cannot understand or speak the language of the court are entitled to an interpreter. However, it is not always clear what is meant when we say a person 'speaks' or 'understands' a language. One may well understand day-to-day interactions in a second language but be completely out of their depth in a formal courtroom setting. Through comparison with the same right under the Statute of Rome, as well analysis of jurisprudence from the Human Rights Committee and the European Court of Human Rights this paper explores the scope of language rights under the right to a fair trial and the implications for access to justice. [ABSTRACT FROM AUTHOR]

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The article "Reasonable Time: Inter-American Court Standards" by Martín Julián Acevedo Miño examines the relationship between the reasonable time of a trial and effective access to justice. The author proposes defining the concept of "guarantee of reasonable time" and relates it to the fundamental right to effective judicial protection and due process of law. It also analyzes the relationship between the jurisprudence of the Inter-American Court of Human Rights and the Supreme Court of Justice of the Nation in Argentina. The article highlights the importance of complying with the reasonable time to avoid denial of justice and examines the delay in judicial processes and its impact on this guarantee. The author emphasizes the importance of ensuring the right to effective judicial protection and the need to balance the reasonable time with the right of defense of the parties. [Extracted from the article]

Although the harmful effects of climate change on human rights are well-recognized, the legal response to the climate crisis has been inadequate. This is particularly problematic as the crisis disproportionately affects vulnerable groups, which is exacerbated by a lack of effective remedies in contesting the adverse effects of climate change. The article argues that vulnerability theory offers a persuasive framing for rethinking what kind of remedies can be considered effective in the context of the climate crisis. A vulnerability theory approach shows how vulnerability increased by the climate crisis is universal but differentially distributed. Effective remedies are an essential part of responding to this vulnerability. The article suggests that characteristics of an effective remedy include the ability to contest breaches of positive obligations, speediness, the ability to contest future harms, the ability to contest breaches of extraterritorial obligations, bindingness, and equality of standing. [ABSTRACT FROM AUTHOR]

In relation to the human rights of women and with the aim of achieving more just, peaceful, and inclusive societies, access to justice, equality, and peace are presented as important goals in the 2030 Agenda on Sustainable Development Goals (SDG) of the United Nations. In order to achieve these objectives and to avoid the discrimination that women still suffer in the enjoyment of their rights in armed conflicts with the use of traditional methods of justice, mediation is presented as the ideal method for them to show their knowledge and skills and to build, together with men, a more harmonious and peaceful coexistence. [ABSTRACT FROM AUTHOR]

By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee's jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines. [ABSTRACT FROM AUTHOR]