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Access To Justice

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Chapter Summary

This chapter examines a type of procedural approach in a more conventional, judicial sense. This approach can take the following distinct forms: internationally guaranteed access to internal dispute settlement mechanisms; expansion of international jurisdiction ratione personae and ratione temporis; and greater impact of minority issues on questions of evidence and burden of proof. Central to this assessment is the instrumental impact of rights on those issues as well as the way that wider community interests become implicated. The procedural area where judicial discourse appears to have generated greater concern for the situation of minority groups relates to the jurisdictional competence to determine the continuing effects of a right violation. The way in which judicial discourse deals with issues of evidence, including specific aspects relating to the burden of proof, may well reflect additional possibilities for advancing, albeit indirectly, minority claims.

Keywords: evidence; guaranteed access; justice; minority claims; rights violation



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