Older Persons' Access to Justice

Access to justice is a core element of the rule of law. Achieving effective access to justice such that older persons can realize the full benefits of the human and civil rights to which they are entitled on a nondiscriminatory basis requires that the justice system enable older persons to enforce their rights and obtain effective remedies and that older persons be treated equally before the courts and tribunals and afforded equal protection under the law without discrimination. In order for older persons to be able to use the tools and resources available in the justice system they must have real access to legal assistance and information regarding laws and adjudication procedures and courts and other institutions involved in the justice system must make procedural and physical accommodations to facilitate the effective role of older persons as direct or indirect participants in legal proceedings and as participants in the decision making processes relating to the administration of justice generally. It is also essential that States ensure that those working in the justice system are provided with awareness-raising and training programs addressing the needs of older persons and establish effective and robust monitoring mechanisms of the actions taken to promote access to justice for older persons. This book discusses the elements of effective access to justice and describes older persons' rights with respect to access to justice and the barriers they must overcome in order to realize and exercise their rights. The chapter describes proposed normative frameworks for older persons' access to justice and discusses relevant issues related to civil justice for older persons, participation of older persons in the justice system and appropriate legal assistance.