sekundaarioikeudesta

Sekundaarioikeus, also known as the right of access to justice, is a fundamental human right recognized in various international human rights instruments, including the European Convention on Human Rights (ECHR) and the United Nations Convention against Torture (UNCAT). It ensures that individuals have the right to seek and obtain legal remedies for violations of their rights, regardless of their ability to pay.

The right of access to justice is not absolute and is subject to certain limitations, such as those imposed by national law and the need to protect national security, public order, or the rights of others. However, these limitations must be proportionate and necessary, and must not result in a denial of access to justice.

The right of access to justice includes the right to a fair and public hearing, the right to be represented by a lawyer, and the right to be informed of the charges against them. It also includes the right to be presumed innocent until proven guilty, and the right to a decision on the merits of the case.

The right of access to justice is an essential component of the rule of law and is necessary for the effective functioning of democratic societies. It ensures that individuals have the opportunity to challenge the actions of public authorities and to seek redress for violations of their rights.

In practice, the right of access to justice may be limited by various factors, including the lack of legal aid, the complexity of the legal system, and the lack of awareness of the right. However, efforts are being made to address these challenges and to ensure that the right of access to justice is fully realized.