THE RIGHT OF ACCESS TO JUSTICE IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

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MOMTAZ JMASHID; MOTEVASSEL SIROUS

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Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2017 | Volume:46 | Issue:4 Page(s): 855-872

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Title

THE RIGHT OF ACCESS TO JUSTICE IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s)

MOMTAZ JMASHID | MOTEVASSEL SIROUS | Issue Writer Certificate

Keywords

ACCESS TO JUSTICEQ1

EUROPEAN CONVENTION ON HUMAN RIGHTSQ1

HUMAN RIGHTSQ2

LEGITIMATE PURPOSESQ1

MARGIN OF APPRECIATIONQ1

Abstract

As in the case of national law, respect and protection of HUMAN RIGHTS is only effective if the executive legal systems can ensure access to an effective remedy. When such right is violated, access to the justice system is essential for the victim. Although the HUMAN RIGHTS/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank"> EUROPEAN CONVENTION ON HUMAN RIGHTS refers to some aspects of a Fair Hearing, there is no clear reference to the right of hearing within the concept of access to an effective remedy or the right to proceedings. The jurisprudence has broadened the scope of the mentioned subject matter beyond just the right to a fair and effective process system to the right to proceedings. However, provided that the restriction is subject to a legitimate purpose, the principle of proportionality is awarded and that the limitation has no effect on the nature of the stated right, the right of ACCESS TO JUSTICE has proven not to be absolute in some instances.

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APA: Copy

MOMTAZ, JMASHID, & MOTEVASSEL, SIROUS. (2017). THE RIGHT OF ACCESS TO JUSTICE IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS. PUBLIC LAW STUDIES QUARTERLY, 46(4 ), 855-872. SID. https://sid.ir/paper/251380/en

Vancouver: Copy

MOMTAZ JMASHID, MOTEVASSEL SIROUS. THE RIGHT OF ACCESS TO JUSTICE IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2017;46(4 ):855-872. Available from: https://sid.ir/paper/251380/en

IEEE: Copy

JMASHID MOMTAZ, and SIROUS MOTEVASSEL, “THE RIGHT OF ACCESS TO JUSTICE IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS,” PUBLIC LAW STUDIES QUARTERLY, vol. 46, no. 4 , pp. 855–872, 2017, [Online]. Available: https://sid.ir/paper/251380/en

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