Access To Justice Research Articles

ANÁLISE DOS PRESSUPOSTOS DA RESPONSABILIDADE CIVIL DOS BANCOS NOS CONTRATOS DE VENDAS CASADAS

This paper explores the concept of moral and material damages, highlighting their compensatory, punitive and preventive functions, with a focus on the application of the law in cases of defective services in the Brazilian legal context, especially in the Small Claims Courts of Amazonas. It analyzes the historical development of consumer law and the role of Small Claims Courts in promoting swift and accessible justice, highlighting the importance of the principles of transparency, objective good faith and equity in consumer relations. The research uses a doctrinal and jurisprudential approach to demonstrate the effectiveness of tied selling as a tool to curb harmful practices and relieve the burden on the judicial system, promoting a fairer and more responsible business environment. It is concluded that the rigorous application of punitive damages contributes significantly to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

Managing an adolescent with Type 1 Diabetes and socioeconomic deprivation in a remote primary care setting — Ethical challenges

This case study discusses the ethical challenges encountered by a primary care team in managing a 17-year-old girl with Type 1 diabetes in a socio-economically deprived tribal area. The case highlights critical issues such as justice in access to essential medicines, ethical dilemmas arising from complex family dynamics, and systemic failures within the public health system. By examining these challenges, this case study underscores the importance of addressing broader social determinants of health to ensure just and effective healthcare delivery in rural and tribal settings.

A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS

The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

State of scientific research problems of judicial proceedings in civil jurisdiction

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. The availability of justice and access to court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state- guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for 2020 - 2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person’s income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case.

In pursuit of equity and social justice for access to information

In pursuit of equity and social justice for access to information

Optimizing urban park locations with addressing environmental justice in park access and utilization by using dynamic demographic features derived from mobile phone data

Urban parks play a critical role in improving the quality of life of local residents and creating sustainable and resilient urban environments. As urban parks are essential public services, it is important that they be accessible, sufficient, and of high quality so all city residents can access and benefit from them to advocate environmental justice. To make park services more equitable, it is crucial to evaluate the distribution and quality of existing urban parks and consider potential locations for new urban parks, in terms of both park access and utilization. By adopting a new type of dynamic population data based on mobile phone-based tracking, we assessed urban park access by vulnerable populations, particularly economically marginalized older adults, and employed dynamic demographic features and neighboring environmental features of existing urban parks and park candidate sites to estimate park utilization. Ultimately, we developed an advanced multi-objective location optimization model considering park access, utilization, and construction cost. The three objectives of maximizing utilization of the candidate sites when urban parks are established, maximizing the number of vulnerable people who can be covered by the urban parks, and minimizing the total establishment cost for the urban parks were optimized in locating urban parks among candidate sites. The proposed methodology was validated with an application to Ulsan Metropolitan City in the Republic of Korea.

Access to Education for Hindu Women Amidst the Patriarchal Culture of the Balinese Tribal Community on the Island of Lombok, Indonesia

This research explores and explores the low access to education for Hindu women amidst the patriarchal culture of the Balinese tribal community on the island of Lombok, Indonesia. A very strong patriarchal system limits women's roles in various aspects of life, including access to education, the economy, and participation in decision making, at important Hindu religious events. The research was conducted in West Lombok in the Balinese tribal community. The method used is a qualitative phenomenological method with observation, interview and documentation techniques for data collection. The main problem explored is how access to education for Hindu women is in the midst of a society that is very strong in its patriarchal culture. Education is identified as the main key in changing social phenomena, especially the marginalization of women's access to education in a patriarchal culture. Women who receive an education have the potential to break free from traditional limitations, build careers, and support community development. The importance of empowering women through education as an investment in sustainable development is expected to contribute to the local economy and improve family welfare. The results of this research show that resistance to social change regarding equality between men and women, especially regarding women's access to education in a patriarchal culture, is still quite strong, so that change still requires full support from the government and community organizations, as well as community leaders. This research concludes that access to education for Hindu women is still subordinate to that of men. Achieving justice and equality in access to education requires a holistic approach that involves collaboration between government, non-government organizations, and local communities, as well as community leaders. Increasing women's access to education is not only important, it is also a necessity to achieve sustainable social and economic development in advancing civilization.

Rights To Access Justice for Persons with Disabilities in Malaysian Shariah Courts: A Case Study in The Shariah Courts of Malacca

Rights To Access Justice for Persons with Disabilities in Malaysian Shariah Courts: A Case Study in The Shariah Courts of Malacca

The Creative Role of the National Judge in Providing the Civil Protection from the Environmental Damages

The primary objective of the fact sheets about environmental access to justice is to furnish readily available guidelines for initiating a review process before an autonomous judicial institution or an administrative entity. Judges have always been vital in creating and enforcing effective environmental and justice laws. Judges have had to combine principle with practicality when drafting and applying such regulations, and progress has been slow. Critics have criticized them for not adhering to judicial bounds, especially in political conflicts and economic wealth distribution. With UN Environment Programmed support, judges have led efforts to improve environmental legal competency and knowledge sharing. While legal systems vary, certain concerns and their remedies are worldwide. Despite this restriction, international environmental litigation against businesses is possible when serious environmental degradation affects core human rights and interests. Such victims may utilize environmental violations to strengthen their claims.

Justice in access to urban ecosystem services: A critical review of the literature

Ecosystem services are crucial for urban resilience, climate change adaptation and mitigation, and sustainable development. Incorporating these services in urban environments involves various principles, partnerships, organizational strategies, and methodologies. A vast body of research exists on ecosystem services. However, there is a lack of studies that address equity concerns in access to urban ecosystem services. This paper critically reviews the literature to investigate the state of access to ecosystem services in urban areas. We use deductive content analysis for this purpose. We explore traditional concepts of justice and update them by examining the sources and types of ecosystem services in urban environments. We examine justice typology considering various social, environmental, infrastructural, ecological, and mobility issues. We also explore different justice dimensions, including distributional, procedural, recognitional, and restorative issues. Results showed a notable prioritization of green infrastructures (73%) over blue infrastructures (5%). Furthermore, there has been an apparent emphasis on cultural services (42%) and regulating services (25%) in offering recreational activities, fostering social integration, improving place-making capabilities, showcasing adaptability, and demonstrating resilience. An important finding is that most of the publications (87%) highlight that there is no justice in access to ecosystem services. Regarding typologies, we found that there has been more attention to environmental justice, and infrastructural, ecological, and mobility justice are underexplored. As for dimensions, more attention has been paid to distributional and recognitional justice at the cost of restorative justice. A key shortcoming is that cities in the Global South are not adequately represented in the literature, despite their significance for achieving sustainable urban development in the coming decades.

Student Perceptions Regarding the Use of a Computer-Based Test (CBT) System at State Junior High School 3 Sungai Betung

The use of computer-based assessment (CBT) in education is increasing, but students’ perceptions of it are still under-researched. This study aims to explore students’ perceptions of the use of CBT in SMPN 3 Sungai Betung, a junior high school in South Kalimantan. This study uses a quantitative method with a questionnaire instrument filled by 94 students. The results show that students have positive responses to CBT, in terms of trust, comfort, and academic performance. However, students also face technical constraints, such as network problems and HP operation. This study recommends improving technological literacy, additional training, and ensuring the availability of good and adequate networks for CBT optimization. This study also emphasizes the role of teachers in supporting students to overcome technical constraints, as well as attention to the aspect of justice in technology access. Thus, CBT can be an effective evaluation tool and a means of improving the quality of learning and students’ technological readiness.

Virtual Courts: A Pathway towards the Right to Access Justice in India

As we know in virtual courts, various procedures such as electronic filing of plaints and documents, online payment of court fees, submission of digital evidence, and conducting arguments via video conferencing are carried out in real-time, necessitating the presence or availability of all participants during hearings. Conversely, online courts feature asynchronous hearings, allowing participants to present evidence and arguments without the requirement of synchronous presence. To provide legal legitimacy to virtual courts and video conferencing, the Supreme Court issued an order on April 6, 2020, invoking Article 142 of the Constitution. This directive extended to all High Courts, granting them the authority to adopt technological solutions in accordance with their respective needs and the evolving pandemic circumstances across different states. Model rules were formulated and circulated among all High Courts, while District or lower courts were instructed to adhere to rules prescribed by their overseeing High Courts. In this research paper, virtual courts and their role in ensuring proper access to justice in the wake of post-pandemic developments has been analysed, evaluated and assessed accordingly. Moreover with respect to the efficacy of virtual courts as well as the problems encountered in the administration of justice digitally, the implications of these developments have also been explored with a view towards the future of these institutions in our country.

THE IMPACT OF JUDICIAL REFORMS ON LEGAL SYSTEMS: A REVIEW IN AFRICAN COUNTRIES

This Review delves into the intricate dynamics of judicial reforms and their consequential impact on legal systems across African countries. As nations grapple with the need for effective, transparent, and accessible justice, this review examines the multifaceted transformations within the judicial realm. The study explores the motivations, methodologies, and outcomes of judicial reforms, shedding light on the implications for legal frameworks, societal justice, and the overall rule of law. The review begins by contextualizing the imperative for judicial reforms in African countries, identifying prevalent challenges and shortcomings in existing legal systems. It delves into the motivations behind the call for reform, encompassing issues such as backlog reduction, corruption mitigation, and the pursuit of equitable access to justice. This sets the stage for a comprehensive examination of the methodologies employed in implementing judicial reforms, encompassing legislative changes, institutional restructuring, and the infusion of technology to enhance legal processes. A critical aspect of the review is the analysis of the tangible outcomes and transformative effects of judicial reforms on legal systems. The study scrutinizes the efficacy of reforms in expediting legal proceedings, ensuring fair and impartial adjudication, and fortifying the protection of individual rights. Additionally, the impact of reforms on the perception of justice, public trust in legal institutions, and the overall rule of law are explored. The diversity of approaches to judicial reforms across African countries is highlighted, showcasing unique challenges, successes, and lessons learned from varied contexts. This nuanced study contributes to a deeper understanding of the complexities involved in reshaping legal systems and informs potential best practices for other nations undergoing or contemplating similar reforms. As the review unfolds, it underscores the interconnectedness of judicial reforms with broader societal and economic dynamics. The evolving role of the judiciary in upholding constitutional principles, safeguarding human rights, and fostering a conducive environment for economic development becomes evident. The Review concludes by emphasizing the significance of ongoing research and dialogue to refine judicial reforms continually, ensuring they align with evolving societal needs and contribute to the advancement of legal systems across the diverse landscape of African nations.
 Keywords: Impact, Judicial Reforms, Legal Systems, Public Trust, Impartial.

Gender and Access to Justice in the Informal Court System in Ghana: A Descriptive Phenomenology in a Patriarchal Society

Background: Women and access to justice are global issues, especially in patriarchal societies. There is a surprisingly small body of research on access to justice in the informal court system in patriarchal societies. The purpose of this paper is to conduct an empirical qualitative study on a local court case and use the findings to provide a critical analysis of women and access to justice in the informal court setting in Ghana. Method: The exploratory qualitative research approach and phenomenological research design were used in the study, which followed Colaizzi's process of descriptive phenomenological data analysis. The study collected data from fifteen women who had used the informal court system to address their grievances using in-depth interviews and focus group discussions as data collection techniques. The data was collected via tape recording and then transcribed word for word. Results: The major themes that emerged from the research were as follows: (i) traditional gender roles as impediments to justice (ii) social harmony-based adjudication, and (iii) the social consequences of the court's decisions on the family households. Sub-themes are used to discuss these major themes. According to the findings, women cooking and taking care of children, behavioural socialisation norms, women as housewives, informal court decisions based on social harmony, masculine rulings, lack of appeal for cases, women experiencing marital divorce, and lack of enforcement for rulings were identified as significant factors influencing gender and access to justice among women in the informal court system. Conclusion: Informal courts are accessible and affordable to women who do not have the privilege of using formal courts due to the cost involved; however, the courts' decisions are reconciliatory and do not provide women with equal access to justice. To provide fair justice to all people in rural communities, the informal courts should be integrated with the formal procedure. As a result of the findings, it is recommended that a comprehensive training programme for traditional court judges on land issues, inheritance, and family law, dispute resolution, as well as international human rights standards be implemented so they can handle cases in their respective jurisdictions.

Faith-Based Leadership in Conflict Resolution: The Practices of the Prophet Muhammad (PBUH)

In an era marked by prevalent global conflicts, the role of effective leadership in conflict resolution has become increasingly crucial. This study delves into the leadership approaches of Prophet Muhammad (PBUH), exploring their significance in fostering stability and managing conflicts in today's diverse geopolitical landscape, with a focus on regions such as America, Europe, the Middle East, and particularly Islamic countries where conflicts are notably pronounced. At the heart of this research are three pivotal historical events that exemplify Prophet Muhammad's (PBUH) role in conflict resolution. Firstly, the establishment of a peaceful society in Al-Madina post-conflict between the Aws and Khazraj tribes, highlighting his adeptness in creating unity among Jews and Muslims from varied backgrounds, as evidenced in the Constitution of Medina. The Hudaybiyyah incident is a testament to Prophet Muhammad's strategic foresight in choosing to avoid bloodshed and emphasize peaceful resolutions. Moreover, his approach during the conquest of Mecca, characterized by non-violence and eschewing revenge, stands in stark contrast to the modern methods of retaliation and aggression seen in conflicts such as those in Gaza, Vietnam, Afghanistan, and Iraq.. In this event, Prophet Muhammad (PBUH) exemplified the preference for forgiveness and reconciliation over revenge, fostering societal healing. This research scrutinizes Prophet Muhammad’s (PBUH) methodologies through the prism of contemporary peacebuilding strategies, illustrating how his 1400-year-old teachings remain relevant in addressing today's challenges. His leadership traits — compassion, humility, and unwavering commitment to justice — are evaluated as essential for today's leaders. The study links these qualities with Sustainable Development Goal 16, which advocates for peaceful, inclusive societies with accessible justice for all. Moreover, this study tackles the issue of Islamophobia by providing historical insights and factual clarifications about Prophet Muhammad’s (PBUH) practices, aiming to dismantle misconceptions and contribute to a more inclusive, understanding global community. The primary objective is to demonstrate the significant impact that faith-based leadership, exemplified by Prophet Muhammad (PBUH), can have in guiding communities towards effective conflict resolution and peacebuilding.

Principlism and contemporary ethical considerations for providers of transgender health care

Background : Transgender health care is a subject of much debate among clinicians, political commentators, and policy-makers. While the World Professional Association for Transgender Health (WPATH) Standards of Care (SOC) establish clinical standards, these standards contain implied ethics but lack explicit focused discussion of ethical considerations in providing care. An ethics chapter in the SOC would enhance clinical guidelines. Aims : We aim to provide a valuable guide for healthcare professionals, and anyone interested in the ethical aspects of clinical support for gender diverse and transgender people of all ages. Recognizing that the WPATH is a global association, we address broad challenges. We offer a reflection on general ethical principles, providing conceptual tools for healthcare providers, patients, and families to navigate the specific challenges they might encounter in transgender health care, in line with WPATH’s worldwide mission and scope. Method : This article employs a descriptive analysis, and our framework of reference is the four principles of biomedical ethics: respect for autonomy, beneficence, nonmaleficence, and justice. Results : The article presents a discussion on the four ethical principles as applied to transgender health care. We address issues such as respect for patient autonomy in decision-making, the role of beneficence and nonmaleficence in clinical interventions, and the importance of justice in equitable treatment and access to care. Some of the ethical concerns we address in this article pertain to the current sociopolitical climate, where there has been increasing legal interference, internationally, for transgender and nonbinary people, particularly youth, seeking medical care. Discussion : We highlight the interplay between ethical principles and clinical practice, underscoring the need for ethical guidance in addressing the diverse challenges faced by healthcare providers and patients in transgender health care. We advocate for continuous refinement of ethical thinking to ensure that transgender health care is not only medically effective but also ethically sound.

Negotiating dignity and social justice in community food access spaces

PurposeThis study aims to explore how key stakeholders and recipients of local food access programs operate strategically to meet individual and community food needs, enhance experiences of dignity and promote social justice. The study of a fragmented community food system highlights the connections between micro and meso dimensions of food access, illustrating how people work around food system limitations to access food.Design/methodology/approachUsing qualitative in-depth interviews with food assistance managers, workers, volunteers and recipients, this study examines the period before the implementation of a centralized community-based food access initiative in a mid-sized, rural Oklahoma college town with a high rate of food insecurity. This study asks: What are community members’ experiences in a fragmented food assistance system? In what ways do individuals use everyday resistance and workarounds to actively promote experiences of dignity and social justice in food access spaces?FindingsThose involved in sites of community food access build important networks to share information and engage in negotiation and trade to gain access to useful food resources. As forms of everyday resistance, such practices encourage co-construction of dignity and social justice in stigmatized spaces.Originality/valueThis research contributes to literature examining micro- and meso-level community dynamics that inform agency, dignity and social justice in community food access approaches.

Unmet Needs of Palliative Care Among Iranian Children with Cancer and Their Families: A Qualitative Study

Background: Palliative care is one of the primary rights of children with cancer and their families. Identifying the unmet needs of palliative care for these children is important in providing high-quality care. Objectives: The present study aimed at explaining the perception of formal and informal caregivers about the unmet palliative care needs of children with cancer and their families. Methods: This qualitative study was conducted from October 1, 2020, to May 15, 2021, in one of the children’s hospitals in Rasht (Northern Iran). This study enrolled 25 caregivers (nurses, doctors, grandmothers, sisters, aunts, neighbors, and parents of children with cancer) and 5 children with cancer, who met the inclusion criteria by purposeful sampling to participate in in-depth and semi-structured interviews. The interviews continued until data saturation. A directed content analysis was performed according to the Elo and Kyngas proposed approach and based on the National Consensus Project (NCP) framework. The findings were managed by MAXQDA2020 software. Guba and Lincoln criteria were used to ensure the trustworthiness of the data. Results: The average age of the participants was 32.40 ± 1.4 years, and 1,450 codes were extracted. The extracted theme was “the need for holistic care”, which included 7 main categories such as “the structure and process of care”, “physical aspects of care”, “psychological aspects of care”, “social aspects of care”, “cultural aspects of care”, “care of the patient nearing the end of life”, and “spiritual, religious, and existential aspects of care”, and 23 subcategories. Conclusions: Children with cancer and their families have many physical, psychological, spiritual, and social needs. To meet these needs, it is suggested to provide the necessary infrastructure for palliative care, strive for justice in access to palliative care services for children with cancer and their families, empower caregivers, form an interdisciplinary team, and promote cultural awareness regarding cancer and end-of-life care.

From toxic industries to green extractivism: rural environmental struggles, multinational corporations and Ireland’s postcolonial ecological regime

ABSTRACT This article articulates the historical entanglement of Ireland’s big tech ecosystem with earlier forms of economic development and state-sanctioned polluting practices, particularly focusing on strategies for attracting multinational companies since the 1960s. The outsourcing of polluting multinational industries to Ireland’s rural regions has a long history, one tied into fault-lines of the country’s postcolonial condition and developmental economy in the 1970s and 1980s. During this era of economic liberalisation, Ireland’s environmental politics were frequently organised against the outsourcing of toxic chemical, pharmaceutical, and technological industries to rural Ireland. Ireland’s position as a western European nation-state undoubtedly means that wealth accumulated via these industries merits complicity in the global supply chains sustaining “green” extractivism in the Global South. But rural Ireland also bears an uneven share of responsibility for these industries, whose destructive externalities are often imposed on these places through large-scale infrastructures. Historical struggles for environmental justice in these rural sites foreground access to land, livelihoods, health, and cultures of place. Contributing to recent debates on the colonial endurances of contemporary “green” development, we argue that these rural movements should be a starting point for a “just” transition attuned to anti-imperialist goals in Ireland.

Toward Access Justice in the Academy: Centring Episodic Disability to Revision Research Methodologies

This article explores questions of disability access justice within the academy through the lens of an online digital/multimedia storytelling (DS) research workshop conducted during the COVID-19 pandemic. Our investigation uncovers how the shift from in-person to online DS methodologies created newfound opportunities for participation, particularly for individuals with episodic disabilities (EDs). Through an analysis of three co-author participants’ multimedia/digital stories and their reflective insights, we investigate the interplay between research methodologies and the broader context of disability access within the academy. Participants’ stories of inventive adaptations unfold against a backdrop of experiences in traditional academic settings that privilege normative ways of working and seldom accommodate diverse rhythms and access needs, including of students, faculty and staff. In light of these narratives, we advocate for an ongoing commitment to access-centered practices in research and work beyond crisis situations. The article concludes that academic research enterprises can accommodate a wider spectrum of participants—particularly those with episodic disabilities—and enhance research outcomes by recognizing and anticipating diverse bodyminds within the design of research methodologies and techniques.