structural and procedural barriers to accessing justice for marginalised populations priti patel,...
Post on 17-Dec-2015
214 Views
Preview:
TRANSCRIPT
Structural and procedural barriers to accessing justice
for marginalised populations
Priti Patel, Deputy Director, SALCPresented at AIDS2014
Southern Africa Litigation CentreT: +27 (0) 11 587 5065 f: +27 (0) 11 587 5099
www.southernafricalitigationcentre.org
Prescription/Statute of limitations
• Time limit on when you can bring a case for damages
• In many countries 3 years from time event occurred.
• LM and Others v Government of Namibia
Standing•Who can take the case to
court
•Most countries in southern Africa have narrow standing
• Tapela and Another v Attorney General
Lack of awareness of rights• Failure to access
courts and lawyers in necessary time.
• Not thinking or framing events as something for which one can seek justice.
Access to lawyers
Litigation process •Litigation process can be long and onerous for marginalised populations.•Court process itself can be alienating for the litigants•Fear of public disclosure
Thank you
top related