A Right of Access to Law - or Rather a Right of Legality and Legal Aid?

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Abstract

Human rights evolve continuously. Sometimes entirely new rights spring up, for example in response to technological developments. Most ‘new’ human rights, however, are refinements of existing rights, which somehow have come to be regarded as deserving protection in their own right. An intriguing question is when such new (aspects of) rights deserve to be formally recognised or even codified in international treaties or national constitutions. In these comments I will try to answer this question for the right that Simon Rice suggests should be recognised: the right of access to law. I will focus on the added value of recognising such a right, rather than dealing with its theoretical foundations.
Original languageEnglish
Title of host publicationThe Cambridge Handbook of New Human Rights
Subtitle of host publicationRecognition, Novelty, Rhetoric
EditorsAndreas von Arnauld, Kerstin von der Decken, Mart Susi
Place of PublicationCambridge
PublisherCambridge University Press
Chapter43
Pages555-562
Number of pages8
ISBN (Electronic)9781108676106
ISBN (Print)978-1-108-48473-2
DOIs
Publication statusPublished - 2020

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