★ Must-know
Everyone, regardless of nationality, age, gender, culture, education level or financial status, has the right to access justice.
The right of access to justice includes having a case heard by an independent and impartial judge and being judged under the same rules and procedures as everyone else.
Further detail
A person has the right to speak their own language and, when necessary, receive assistance from a translator or sign-language interpreter.
A person has the right to be assisted or represented by a defender of their choice.
The principles of access to justice are set out in the Declaration of the Rights of Man and the Citizen of 1789, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, and articles of the French Civil Code governing court procedures.
1. What protections are included in the right of access to justice when a case is heard?
2. A person with limited financial means and little formal education seeks to bring a legal case. Which principle applies?
3. What is the role of courts in resolving disputes?
Who has the right to access justice, regardless of personal circumstances?
Everyone.
Which judge must hear an access-to-justice case?
An independent and impartial judge.
What may remain ineffective without a strong enforcement framework?
Legal rights and duties.
What do sanctions provide and help ensure?
Authority and compliance with legal duties.
What distinguishes mediation from other ADR methods regarding control of the outcome?
The parties retain full control of the outcome.
What may a neutral conciliator do during conciliation?
Propose solutions.
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