Understanding and Overcoming Barriers to Access to Justice in the Modern Era

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (31 January 2023) | Viewed by 7510

Special Issue Editors


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Guest Editor
American Society of International Law, Washington, DC 20008, USA
Interests: rule of law and access to justice; immigration law; human rights law; European Union law

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Guest Editor
Bingham Centre for the Rule of Law, British Institute of International and Comparative Law, London WC1B 5JP, UK
Interests: rule of law and access to justice; international trade law; human rights law; European law

Special Issue Information

Dear Colleagues,

Welcome to this Special Issue of Laws, “Understanding and Overcoming Barriers to Access to Justice in the Modern Era”. The importance of access to justice cannot be overstated. Access to justice enables people to have their voices heard and to exercise their legal rights enshrined in constitutions, statutes, common law, or international instruments. Access to justice is an indispensable factor in promoting empowerment, securing access to equal human dignity, and achieving social and economic development. Yet, the ability for people to effectively assert their legal rights is constantly under siege. Barriers such as poor knowledge of rights and the law, personal and institutional lack of financial resources, the absence of legal representation, or being a member of a vulnerable group are just some of the obstacles to effective access to justice that people face today. To address and overcome such barriers different solutions have been tested, including a more proactive role for civil society in providing legal support, advice and representation, public–private partnerships in financing judicial services, the use of artificial intelligence, and, more generally, IT tools.

This Special Issue will outline the importance of access to justice and some international efforts in progress aimed at ensuring that everyone has effective access to justice. It will also explore some of the most significant factors that can impact access to justice. In this Special Issue, original research articles and reviews are welcome. Research areas may include (but are not limited to): access to justice, the use of artificial intelligence, disability, national security and anti-terrorism, global health crises, corruption, financial resources, and immigration law.

We look forward to receiving your contributions.

Dr. Justine N. Stefanelli
Dr. Julinda Beqiraj
Guest Editors 

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Keywords

  • access to justice
  • sustainable development goals
  • rule of law
  • legal aid
  • legal assistance and representation
  • fair trial
  • persons with disabilities
  • children
  • judicial vetting
  • artificial intelligence

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Published Papers (1 paper)

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Research

19 pages, 334 KiB  
Article
‘We Got Lucky with the Judge’: Access to Justice for Disabled Women in Iceland
by Eliona Gjecaj, Anna Lawson, Rannveig Traustadóttir and James Gordon Rice
Laws 2023, 12(2), 21; https://doi.org/10.3390/laws12020021 - 23 Feb 2023
Cited by 3 | Viewed by 3205
Abstract
In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study [...] Read more.
In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities. Full article
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