The right to Access Justice has been made an integral part of numerous international pronouncements such as ICCPR, CESCR, and UNCRC, etc.
In democratic, market-based societies, independent and impartial judiciaries contribute to the equitable and stable balance of power within the government. They protect individual rights and preserve the security of person and property. Principle 2 of the U.N. Basic Principles on the Independence of the Judiciary defines judicial impartiality as judges deciding on matters before them based on facts and under the law, without any restrictions, improper influences, inducements, pressures, threats, or interferences, direct or indirect, from any quarter or for any reason. Regardless of structural variations, most governments share the goal of impartiality for their judiciaries.
It has been said that access to justice entails “the provision of dispute resolution mechanisms which are affordable, proximate and ensure speedy justice and whose processes and procedures are understood by users”. In this broader context, access to justice includes issues having to do with the accessibility of courts (including other judicial and quasi-judicial fora), the language of court proceedings including interpretation services, court fees, public participation in the administration of justice, accessibility to persons with disability and availability of information.
POLICY RECOMMENDATIONS
Most urgently, an effective system must be put in place to protect the position of the judges and the integrity of the Judicial Council from outside interference.
• Every decision relating to a judge’s appointment and career should follow a transparent
process and be based on objective criteria.
• Disciplinary procedures must be designed to guarantee a transparent and predictable process, defining not just the conduct which may lead to removal from office, but also all conduct which may lead to any disciplinary steps or change of status, including for example a move to a different court or area.
• Disciplinary measures must be proportionate, and judges should always be entitled to appeal disciplinary sanctions.
• Judicial training will be essential in equipping judges, magistrates, and other judicial officers with the pertinent knowledge and skills in discharging their responsibilities more efficiently.
