Women and access to justice

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作者
Gonzalez, Manuela G.
Salanueva, Olga L.
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D9 [法律]; DF [法律];
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0301 ;
摘要
This paper takes into account the different lines of research in the Sociology of Law and in the interdisciplinary studies, carried out on the judicial organization. The restrictions in the access of justice were pointed out: the poor, those who have less social and economic capital, are not the only ones who encounter those difficulties. Even those who have become visible for the Law, by means of the passing of national and state laws such as those of familiar violence or for the protection and care of children, face the same problems and their rights are not upheld due to the extremely slow process of justice or for lack of material and/or human resources. Consequently, the starting point is the question: Which are the reasons that in some way "blur" the Access to Justice? To answer that question, it is necessary to study the situations in which laws intended to protect rights and prevent injustice fail to do so. The reasons for the failures observed are due to the lack of material resources or to the legal agents' indolence. Some cases connected with familiar violence laws and childhood protection laws, were analyzed. When the laws are not enforced or when the interpretations in similar situations are diverse, the result is the denial of justice by means of a restricted access. The question of the access to justice is as crucial as the actual capacity of keeping the process in the judicial organization until the expected (according to law) result, is obtained.
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页码:91 / 108
页数:18
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