Access to Justice and Electoral Integrity
The rule of law and access to justice
The rule of law is widely acknowledged as the foundation to
protect and safeguard human rights. The concept is translated
and interpreted in different ways, but in general it refers to a system
of governance which creates the necessary structure to support “equal
accountability before the law, the fight against impunity for human rights
violations, legal certainty and predictability, as well as the independence
and impartiality of the judiciary.”8 It has been proclaimed a basic principle
at the regional level by the Organisation of American States, the African
Union and the Council of Europe, and at the international level by the
United Nations.9 In words of the Kofi Annan, former Secretary General of
the United Nations, it is:
“a principle of governance in which all persons, institutions
and entities, public and private, including the State itself,
are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and
which are consistent with international human rights
norms and standards. It requires, as well, measures to
ensure adherence to the principles of supremacy of law,
equality before the law, accountability to the law, fairness
in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of
arbitrariness and procedural and legal transparency.”10
7