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Words: | Submitted: Sun Jul 18 2004
... means that when citizens need help, there are mechanisms in place which can come to their aid. Access to justice and access to courts have been used as interchangeable phrases. Jayawickrama states that access to courts is an essential part of the right to a fair trial because it is inconceivable that the framers of the international instruments intended to ensure fair trial guarantees without guaranteeing the process through which proceedings are reached. Though this is true, it is just part of the picture. The main obstacles which arise in accessing justice come much before courts come into the picture. As will be seen below, poverty is the underlying theme in all the obstacles to access to justice. Whether the obstacle is social, institutional or legal, poor and disadvantaged people suffer the consequences dispropotionaltely. For a system to be accessible, it must be quick, efficient and effective, being availabe to all in a non-discriminatory and ...
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