CEU Electronic Theses and Dissertations, 2011
| Author | Fwangchi, Catherine Kyenret |
|---|---|
| Title | Access to Justice and Legal Aid: A Human Rights Approach |
| Summary | This thesis proposes a human rights approach to access to justice and consequently a human right to legal care. The reason for this is that the legal aid system as it is presently constituted does not meet the needs of persons who wish to make use of the system to make rights effective. The rhetoric sorrounding the need for legal aid has changed considerably over the years but the underlying principles have not. A right to legal aid only exists for criminal matters (not in every jurisdiction) and a limited right exists for civil matters. By considering access to justice in its broad sense, beyond legal representation and access to justice institutions, it is discovered that a right to legal aid does not exist. This thesis concludes that the role of legal aid in development, especially in the wake of the global need to eradicate poverty, has reached a stage that it should be considered as a human right to legal care. Human rights provide a legitimate claim on the government to provide the institutions and services necessary to make rights meaningful and effective. |
| Supervisor | Professor Gar Yein Ng |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/fwangchi_catherine.pdf |
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