Chapter

Access to Justice at International Level and the Right to an Effective Domestic Remedy

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print August 2011 | ISBN: 9780199580958
Published online January 2012 | e-ISBN: 9780191728785 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580958.003.0003

Series: Collected Courses of the Academy of European Law

Access to Justice at International Level and the Right to an Effective Domestic Remedy

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In examining the access to international justice, an issue to consider is the conditions of admissibility of petitions lodged with international organs of protection of human rights. The right to an effective remedy is a basic pillar of the rule of law in a democratic society. It comes together with the guarantees of the due process of law. Another related issue raised in practice is that of the recognition of juridical personality.There is a reassuring convergence in the evolving case-law of the European and Inter-American Court of Human Rights concerning the basic right of access to justice and to a fair trial. This is one of the rights most often raised in contentious cases before those two international human rights tribunals.

Keywords: legal personality; admissibility of petitions; right to an effective remedy; rule of law; democratic society; right of access to justice; right to a fair trial; guarantees of the due process of law

Chapter.  7750 words. 

Subjects: Human Rights and Immigration

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