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Access to Justice as a Human Right

Francesco Francioni

Abstract

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; se ... More

Keywords: access to justice, human rights, Human Rights Committee, human rights, European law, environmental justice, torture victims, law of war, international law, sovereign immunity

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780199233083
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780199233083.001.0001

Authors

Affiliations are at time of print publication.

Francesco Francioni, editor
Professor of International Law and Human Rights at the European University Institute, Florence