The Right to Legal Aid Securing Access to Justice for All文档.doc

The Right to Legal Aid: Securing Access to Justice for All Marcela Rodriguez-Farrelly( INTRODUCTION The right of access to justice guarantees that every person has access to an independent and impartial court and the opportunity to receive a fair and just trial when the person’s fundamental rights at risk. Barriers to access to judicial protection rights can be numerous, including High Court costs, restrictive jurisdictional rules, overly complex regulations, ineffective enforcement mechanisms, lack of legal literacy, to name a few. A crucial element of access to justice is the effective availability of the services of a lawyer. For people of inadequate means to the right to legal aid is an essential component in securing their right of access to justice, either in pursuing or in defending a case. In criminal cases, the lack of effective protection of the right to legal aid may prevent those who cannot afford the service of a lawyer from exercising their procedural rights and may reduce their opportunity to influence the outcome of the proceedings when their liberty is at stake. In civil cases, the lack of accessible mechanisms for resolving legal disputes prevents citizens from protecting and asserting their civil, economic, social and cultural rights. In both criminal and civil cases, the lack of access to justice results in reduced public confidence in the legal system, which is indispensable for every democratic state rooted in the principles of the rule of law, human rights and democracy. Justice is based on respect for the rights of every individual. As the Declaration of Human Rights has recognised “the inherent dignity and the equal and inalienable rights of all member of the human family is the foundation of freedom, justice and peace in the world”. The protection of such dignity and rights constitutes the cornerstone of international human rights law. Guided by the principles of equality and non-discrimination, the human rights system hinges o