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II. How equal and secure is the access of citizens to justice, to due process, and to redress in the event of maladministration?

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Presentation on theme: "II. How equal and secure is the access of citizens to justice, to due process, and to redress in the event of maladministration?"— Presentation transcript:

1 II. How equal and secure is the access of citizens to justice, to due process, and to redress in the event of maladministration?

2 Are there enough laws guaranteeing equal treatment of citizens in the justice system?  There are Constitutional provisions and laws guaranteeing equal treatment of citizens in the justice system.  These constitutional and legal policies are available and can be used by citizens for their protection and access to justice.

3 Are the laws and rules providing legal remedies and procedures equally applicable to all citizens? Are there laws that discriminate, directly or indirectly against vulnerable groups?  On theory, legal remedies and procedures apply to all citizens alike. In practice, there is a gap between the resources that are easily available to the rich and those that are within the reach of the poor.  In general, laws are non- discriminatory, pursuant to the Constitutional rule. Some existing discriminatory provisions remain in certain statutes.

4 Are laws on paper effectively enforced in practice, both as to the substantive and procedural aspects, especially with respect to the general equality before the law, and the special treatment of vulnerable groups?  While there are significant policies guaranteeing equality and special treatment of vulnerable groups, in practice, there are still numerous violations of the rights of citizens, especially of members of vulnerable groups.  There is a significant gap in terms of what is provided on paper, and what translates to actual protection.

5 III. Is the justice system in general accessible to all citizens, and especially to vulnerable groups needing protection?

6 To what extent are citizens aware of and how far do they understand laws and legal remedies?  There is a general lack of awareness and understanding about laws and legal remedies.  Laws and rules of court are written in a foreign language, and in technical terms.

7 Are there available institutions and mechanisms to parties seeking protection or redress?  There are government institutions that provide services to parties who seek protection and redress from the justice system. The resources of these institutions are limited, however, adversely affecting their ability to provide effective and efficient services to the public.  Private institutions supplement the supply for available services, but these services remain inadequate, compared to the demand.

8 Is there access to legal representation through an affordable justice system?  There are still significant barriers to access to legal representation, and to the justice system in general.  Lack of knowledge about the system, high costs of pursuing legal action, and non-availability of lawyers remain major challenges to access to justice.

9 IV. Are there enough laws and procedures for the protection and enforcement of the rights of the poor and members of vulnerable groups?

10 Are there enough laws that provide special protection for vulnerable groups?  There are significant social legislation and laws providing special protection for vulnerable groups.  In many cases, the protection that is provided on paper is emasculated by wrongful or ineffective implementation.

11 Are specific groups marginalized or discriminated against by the justice system?  While the justice system is supposed to be accessible by all citizens, rich and poor alike, the general situation of the system gives special advantage to those who have the resources for legal representation and pursuit of legal action.  Access by the poor remains difficult.

12 V. How far do the criminal justice and penal systems observe due process in their operations?

13 How far do the criminal justice and penal systems provide rules of impartial and equitable treatment? Is the criminal justice system working equally for both poor and rich litigants?  On paper, there are constitutional and statutory provisions guaranteeing due process for detainees and accused in criminal cases, and impartial and equitable treatment of litigants in the criminal justice system.  In practice, those who are rich and powerful still enjoy an undue advantage over those who are poor, whether they are on the side of the prosecution or of the defense.  Even in the service of penalties by convicted criminals, there had been cases showing special treatment for certain powerful prisoners.


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