Master'sOpen Access

Access to justice in Civil Procedural Law

2010
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Advisor: Yrd. Doç. Dr. Mustafa Özbek

Abstract (EN)

It is not an easy task to define access to justice in civil procedural law. Most common aim in defining access to justice, is to focus on ?access?, but the importance that ?justice? deserves, should be given to the concept. For, if it is not justice you?ve reached, having ?access? for it would be meaningless. For this reason, meaning of justice should be studied and it should also be examined relating to its historical background and its changes that happened during history. Even if justice has a unstable and uncertain characteristic due to its close relations with society, analyzing its evolution can lead individuals to find a common point in defining justice.Access to justice has its foundations on European Convention on Human Rights article 6 on ?Fair Trial?, and in Turkish law, Article 2, 5, 9, 10, 36 and 141/4 are the most basic regulations along with Article 77 of Turkish Civil Procedure Law. In order to grant access to justice, basic human rights and procedural economy should be implemented strongly.Barriers to access to justice can be defined under three categories, which are, physical, objective and subjective barriers. Welfare state should be responsible on taking actions to eliminate the barriers on access to justice and granting the right of access to justice, which is a fundamental human right and one of the most basic social rights.

Author

Dr. İrem Özdemir

How to Cite

İrem Özdemir (Master Thesis). Access to justice in Civil Procedural Law, 2010, Baskent University.

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