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Access To Justice Essay

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The concept of access to justice embodies the formal conception on one side, and substantive conception on the other. The formal conception of access to justice is considered to indicate abilities of people to have access to courts of law and other tribunals in a reasonable and effective manner coupled with the opportunity to receive legal services from qualified professionals. Access to justice in this way embraces the concept of the equality before the law which is the foundation of human rights protection, and protects the poor and the vulnerable from deprivation and violation of their rights. The substantive conception of access to justice, on the other hand, refers to people's ability to attain a substantive legal outcome. The substantive …show more content…

They state that access to justice directs at the impeachments of barriers that confront people living in poverty from utilizing the legal system in the form of three “waves”. The first wave entailed the emergence of legal aid in the developed countries in the period after the Second World War. This wave intended to provide direct legal services to economically disadvantaged persons involved in the justice system. More recently, the United Nations Special Rapporteur on the Independence of Judges and Lawyers (Knaul, A/HRC/23/43, 15 March 2013) state that legal aid seeks to eradicate the barriers which impede access to justice by providing assistance to those who would not otherwise have been able to afford legal representation and access to the court system (Knaul, A/HRC/23/43, 15 March 2013, para. 27). To be more specific, the right to legal aid refers to both a right and an essential guarantee for the effective exercise of other human rights including the right to an effective remedy, the right to equality before the courts and tribunals, the right to counsel and the right to a fair trial (Knaul, A/HRC/23/43, 15 March 2013, para.

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