ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Inclusive justice: new ways

Pages: 176-184
Year: 2019
Location: Pravova Ednist Ltd

Review

In the beginning of 2019 in Haag was an extensive event – Partners forum in area of access to justice that combined members from many countries which was recognizing the particular importance of this issue for the sustainable development of society around the world. A lot of events which planned for the OON up to 2030 years testified about their actuality and priority. The target task is identifying the rule of law and access to justice as an important facture to progress for throughout.

For a long time access to justice in Ukraine is a priority direction to development of the legal system in general and in the judiciary in particular. “Access to justice” as a meaningful concept traditionally viewed by scientists through the prism of different conditions (legal, social, economic), or by examining the obstacles that exist in this field. Recently, the term "inclusive justice" has come to be used in relation to its characteristics, which needs due theoretical consideration.

The purpose of the article is researching something new for national science that need to be theoretical meaningful.

The main results of researching are in next clause:

  1. The concept “ inclusive justice” characterizes the concept of accessibility of justice from the position of non-discrimination and equal opportunities for all, without excluding people in the means and means of judicial protection of their rights. This accent allows for focusing on the accessibility of justice for people who, due to certain factors (gender, age) or life circumstances (low income) or because of their health or other disabilities, face relative (behavioral) and environmental barriers.
  2. For a simple understanding inclusiveness in area of justice envisages their accessibility for people with disabilities, focusing attention on special subject which need to realization this function. The concept of inclusive justice provided not only necessity to establishment appropriate conditions for effective realization rights for each people on judicial protection. This is the question accessibility for person with disabilities to judicial profession which is less researching in Ukraine.
  3. Inclusion as a access to justice focused attention not on people with disabilities and also on possibilities available to the justice system, the means available, the ways it can use it`s potential, and most importantly the obstacles, barriers and difficulties that need to be overcome by offering solutions that are necessary for one and at the same time useful to all.
  4. Inclusion in justice also emerges as a policy, a strategy to overcome barriers that impede it`s accessibility to the development and implementation of which must be involved both the state and directly involved in the justice process. It should provide for a system of measures, the key in formulating and prioritizing which is the identification of obstacles and the rational use of available resources.

Key words: inclusive justice, justice, inclusion, access to justice, court, the right on judicial protection, people with disabilities. 

Submission