Chapter

The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law

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/9780199580958.003.0004

Series: Collected Courses of the Academy of European Law

The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law

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The right of access to justice, considered lato sensu, encompasses the right to an effective remedy and the guarantees of the due process of law. This has been duly recognized in the case-law of the Inter-American Court of Human Rights. The jurisprudential construction of the European Court of Human Rights, in its turn, has purported to overcome vicissitudes as to the exercise of the right to an effective remedy.There has thus been an increasing concern of international human rights tribunals to safeguard that right, which, in turn, draws attention to the imperative of securing access to justice at both national and international levels.

Keywords: right to an effective remedy; the exercise of such right; guarantees of the due process of law; international case-law; right of access to justice

Chapter.  6984 words. 

Subjects: Human Rights and Immigration

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