Equal Rights in Practice. Key Voices 2005: Access to Justice

Summary:

The theme of 'access to justice' is crucial in the field of non-discrimination. We all hope to be treated on the basis of our merits, but if we are not, what can we do about it? Laws prohibiting discrimination are no good if people are unable, in practice, to enforce their rights.

When the problem concerns unequal treatment on grounds of a personal characteristic, victims of discrimination often do not take action because they fear that it would be nearly impossible to prove their case, or because they do not believe that the end result would be satisfactory. Support for those affected is therefore imperative.

Legal practitioners may also require support and training. Preparing a file for a settlement, putting together a complaint, creating a sympathetic attitude in the judge responsible for the case can be a quite challenging task. Judges, in turn, may have to deal with new laws and rules of procedure, or with new legal actors such as trade unions or NGOs. And these organisations need adequate resources to carry out their roles effectively.