ПРАВО НА ПРИСТУП СУДУ – РОДНА ПЕРСПЕКТИВА

In: Teme: časopis za društvene nauke : journal for social sciences, S. 621

Abstract

Right of access to justice is a fundamental human right, guaranteed on both the international and national levels. Even though generally available to everyone, the right of access to justice is not equally exercised by men and women. On the one hand, women are less likely to bring a claim, including the application in front of international courts; on the other hand, women more frequently face challenges if they decide to protect their rights in the court of law. The author analyzes relevant international and national documents and the available case law, and tries to answer the following questions: what prevents women to exercise the right of access to justice at the time when the equality of men and women is an ideal pursued, supported and promoted both at the national and the international levels; what is the procedural position and treatment of women who bring the claim, and what is the position of female witnesses, judges and public prosecutors; what is the role of stereotypes and biases in court proceedings, and what are the mechanisms for overcoming these issues?