Search

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]

This article deals with the right to make requests and complaints (RCs) inside Spanish prisons. It discusses the European Prison Rules and the principles set forward by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), examining how the Spanish system respects these. It then introduces the RCs system in Spain. Through research carried out in four prisons, interviews with the directors and with 21 inmates and taking as an example one prison, we were able to discover that the number of requests in one year is 55,000. This result reveals the formalised character of Spanish prisons and raises the question as to how to respond to RCs inside prison. The last part of the article draws on interviews with three Penitentiary Judges and discusses their role in reviewing RCs. In our analysis of 626 of the final decisions we found that 98.6% were denied. Finally, the article provides some explanations for this result and questions whether judges can be said to provide an effective remedy in such cases. [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 Democratic Republic of Congo hosts the longest-running and largest United Nations peacekeeping mission in history. The United Nations also has reckoned with sexual exploitation and abuse in its own ranks and, in 2003, recognized its importance with a Bulletin which became known as the 'zero tolerance policy'. Policymakers and researchers have paid little sustained attention, however, to children fathered by peacekeepers. In this article, we share the results of our mixed-methods SenseMaker® research with community members who interact with peacekeeping personnel and interviews with 58 women who are raising children fathered by peacekeepers. Despite the United Nations policies in place, most women did not report children fathered by peacekeepers and did not receive systematic support. The analysis reveals a large gap between the aspirations of the 'zero tolerance policy' and its operationalization in the Democratic Republic of Congo. We uncovered deep poverty and insecurity as both driving and resulting from women's sexual encounters with peacekeepers, with support needs largely unmet. We argue that there is a lack of enforcement of the United Nations policies, jurisdictional complexity and inaccessible justice, as well as significant gaps between the United Nations' approach to investigating and supporting children fathered by peacekeepers and the expectations of mothers, resulting in worsened life conditions for mothers and their children. [ABSTRACT FROM AUTHOR]

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

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

The 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]

AbstractThe effect of child marriage and bridewealth payment on women’s agency is significant for access to justice and development programming, especially in the context of the goal of peaceful and inclusive societies. As prevalent practices in sub-Saharan Africa, child marriage and bridewealth payment hugely influence the ability of women and girls to exercise their agency. Indeed, these issues stand at the intersection of an intense cultural struggle between the custodians of culture and change agents. Based on field data collected in 10 countries in Africa, notably in eastern Nigeria, this paper argues that the exercise of agency by women and girls is not a self-enforcing activity. Rather, it is shaped by factors ranging from deficient and poorly implemented legal structures to lack of resources, entrenched cultural norms, and social pressure for normative conformity. By exposing culture and law as enablers and contributors to development, the article urges policy attention to needs-based factors that motivate and constrain women’s agency. [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]

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

AbstractSince the implementation of China’s Mental Health Law, there has been a notable increase in involuntary hospitalisation cases involving individuals with mental health conditions across many provinces, leading to significant social controversy. Moreover, in the process of involuntary hospitalisation litigation, patients with mental health conditions have experienced difficulty initiating legal proceedings, presenting their cases effectively, and prevailing in court, to name a few of the many challenges they face. These obstacles, by impeding them in safeguarding their lawful rights and interests against this legal measure, substantially restrict their personal freedom. To establish a more accessible judicial relief mechanism, a number of steps need to be taken: enhancing the relevant provisions governing the acceptance of involuntary hospitalisation cases, ensuring a balanced distribution of the burden of proof between both parties, and strengthening judicial scrutiny of the legality of involuntary hospitalisation. [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.

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

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

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

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

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

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]

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

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

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

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

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

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

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

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

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

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

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]

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]

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

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

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

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

The article 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]

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