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| Author | : Rebecca L. Sanderfur |
| Publisher | : Emerald Group Publishing |
| Total Pages | : 288 |
| Release | : 2009-03-23 |
| Genre | : Social Science |
| ISBN | : 1848552432 |
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
| Author | : Deborah L. Rhode |
| Publisher | : Oxford University Press |
| Total Pages | : 265 |
| Release | : 2004-09-23 |
| Genre | : Law |
| ISBN | : 0195349474 |
"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
| Author | : Kent Roach |
| Publisher | : University of Toronto Press |
| Total Pages | : 657 |
| Release | : 2005-01-01 |
| Genre | : Health & Fitness |
| ISBN | : 0802094201 |
Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.
| Author | : Trevor C.W. Farrow |
| Publisher | : UBC Press |
| Total Pages | : 369 |
| Release | : 2020-09-01 |
| Genre | : Law |
| ISBN | : 0774863609 |
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
| Author | : Francesco Francioni |
| Publisher | : OUP Oxford |
| Total Pages | : 272 |
| Release | : 2007-10-25 |
| Genre | : Law |
| ISBN | : 0191018651 |
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; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
| Author | : Siddharth Peter De Souza |
| Publisher | : EUP |
| Total Pages | : 0 |
| Release | : 2023-01-16 |
| Genre | : Law |
| ISBN | : 9781474473873 |
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
| Author | : Marjorie Mayo |
| Publisher | : Policy Press |
| Total Pages | : 176 |
| Release | : 2014-03-01 |
| Genre | : Social Science |
| ISBN | : 1447311027 |
Justice is a basic human right in all democratic doctrines, but in Britain, where welfare has faced recent market-based reforms, it’s increasingly a right available only to those who can afford it. Professionals and volunteers are struggling to provide services such as legal counselling and representation to disadvantaged communities. This book explores how strategies to safeguard these vital services can strengthen, rather than undermine, the basic ethics and principles of public service provision. The authors show how such safeguarding might improve the positions of those who administer—as well as those who need—publicly provided legal services. Though focused on Britain, their findings reverberate to the United States and all democracies undergoing similar challenges in the public sphere.
| Author | : Alicia Ely Yamin |
| Publisher | : Harvard University Press |
| Total Pages | : 446 |
| Release | : 2015-04-01 |
| Genre | : Law |
| ISBN | : 0986106208 |
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
| Author | : Yael Cannon |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
The United States is plagued with a “justice gap” that leaves many Americans with unmet civil legal needs. Americans with low income do not receive the legal help they require for as many as 92% of their substantive civil legal problems. The justice gap requires many legal aid agencies to triage, becoming “emergency rooms” for clients with unmet legal needs. This national crisis calls for new innovations so that access to justice (A2J) can function more like primary care, promoting better use of resources and preventing legal crises that can cause long-lasting harm.Medical-Legal Partnerships (MLPs) embed lawyers in healthcare teams to address health-harming civil legal needs facing low-income patients. MLPs are community-based, integrating low-barrier legal services into healthcare settings and bringing free and accessible legal services right to the people who need them in familiar places. MLPs work interdisciplinarily, training nonlawyer partners to understand and screen for legal issues; provide legal information, resources, and referrals; and advocate around problems that are often intertwined with health and well-being. Moreover, MLPs operate preventively, providing A2J in advance of a legal crisis, and facilitate structural change through a “patients-to-policy” approach. MLP scholarship has uncovered the power of lawyers to address health-harming legal needs and identified A2J as a social determinant of health.Research shows the benefits of MLPs, including patient stress reduction, health improvements, and return on investment for hospitals and healthcare systems. The MLP literature argues for expansion of the MLP model as a healthcare innovation. Some scholars have focused on the lessons from the MLP movement for legal and medical education. For example, I have argued alongside co-authors that MLPs provide maxims for law school clinics to pursue health justice. As both a framework for health law scholarship and a movement, health justice focuses on the potential for law to dismantle subordination as a root cause of health inequities. Health justice builds the power of individuals and communities affected by health disparities “to create and sustain conditions that support health and justice.” Therefore, health justice is not just healthcare justice; it is also economic justice, racial justice, housing justice, and other forms of justice that necessitate access to legal resources to address unmet legal needs that drive health inequity.MLPs have been promoted as a unique and promising innovation in healthcare and health justice. This essay argues that they also represent an important innovation in A2J because they offer a model that is community-integrated, preventive, interdisciplinary, and transformative. MLPs embody principles that should drive broader A2J innovation to address our country's justice gap.
