Access to justice

Access to justice is a core fundamental right and a central concept in the broader field of justice. However, it is a right that faces a number of challenges throughout the EU.

While access to justice typically means having a case heard in a court of law, it can more broadly be achieved or supported through mechanisms such as national human rights institutions, equality bodies and ombudsman institutions, as well as the European Ombudsman at EU level. Yet, FRA research shows that access to justice is problematic in a number of EU Member States. This is due to several factors, including a lack of rights awareness and poor knowledge about the tools that are available to access justice (see EU-MIDIS, in particular Data in Focus report 3: Rights Awareness).

Drawing on its research findings, the Agency seeks to provide evidence-based advice to policy makers at EU and national level in order to improve awareness of and access to justice. This includes the provision of information about how to remove existing obstacles that hinder people’s ability to access justice, including groups such as children and migrants.

The Charter of Fundamental Rights of the European Union guarantees the right to an effective remedy and to a fair trial, including legal aid to those who lack sufficient resources. At the same time, access to justice is also an enabling  right that allows those who perceive their rights as having been violated to enforce them and seek redress.

Background

Background

An important part of the FRA’s research and output in this area includes the identification of examples of good practices across the EU that can serve as a basis for future improvements through EU legislation and at national level.

Access to justice is a cross-cutting issue for a number of thematic areas of the FRA’s work. For example, the FRA 2009 European Union Minorities and Discrimination Survey (EU-MIDIS) showed that awareness of redress mechanisms (for discrimination) is very low, in particular among vulnerable groups such as minorities and immigrants.

Key among activities which cut across the various thematic areas – and with a close link to accessing justice – is the FRA’s work on human rights education and training. Tailored for and jointly developed with specific target audiences, education and training models support the implementation of fundamental rights and promotion of good practices. Through the development of material, implementation of training and contribution to existing training and curricula, the FRA contributes to supporting the training capacities of key stakeholders such as the European Commission; EU institutions, including agencies such as Frontex; NGOs and national institutions with a human rights remit.
 

See also: 
Key texts and policy documents

Key texts and policy documents

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10/12/2012

FRA issues opinion on the confiscation of proceeds of crime

In relation to the European Commission proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union, the European Parliament requested advice from FRA on the extent to which confiscation of proceeds of crime could go without breaching fundamental rights.

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December
2012

Access to justice in cases of discrimination in the EU – Steps to further equality

Report
The principle of non-discrimination is firmly established in European Union (EU) legislation and includes provisions relating to access to justice. This report examines the process of seeking redress in cases of discrimination. It provides a detailed analysis of what the EU Member State bodies that deal with cases of discrimination do to support possible victims of discrimination and to offer them redress. It examines the factors obstructing effective remedies, such as the complexity of the complaints system, which discourage people from bringing cases and reinforce victims’ feelings of helplessness
November
2012

EU-MIDIS Data in Focus Report 6: Minorities as Victims of Crime

Data in focus
This EU-MIDIS Data in focus report 6 presents data on respondents’ experiences of victimisation across five crime types: theft of or from a vehicle; burglary or attempted burglary; theft of personal property not involving force or threat (personal theft); assault or threat; and serious harassment. The European Union Minorities and Discrimination Survey (EU-MIDIS) is the first EU-wide survey to ask 23,500 individuals with an ethnic and minority background about their experiences of discrimination and criminal victimisation in everyday life.
October
2012

Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union

Handbook
National Human Rights Institutions (NHRIs) protect and promote human rights at the national level, tackling systemic problems and raising fundamental rights awareness. To equip NHRIs to perform their role well, they should have, among other qualities, independence, powers and a broad mandate, in accordance with the so-called ‘Paris Principles’ which were adopted by the United Nations General Assembly in 1993 and set forth the primary minimum standards for an effective NHRI.