Global Labour and the Migrant Premium: The Cost of Working Abroad by Elspeth Guild & Tugba Basaran

Author:Elspeth Guild & Tugba Basaran [Guild, Elspeth & Basaran, Tugba]
Language: eng
Format: epub
ISBN: 9780429884474
Goodreads: 39814439
Publisher: Routledge
Published: 2018-07-04T00:00:00+00:00

9 Access to justice

Julinda Beqiraj

Access to justice: a definition

The notion of access to justice, entails ‘much more than improving an individual’s access to courts … It must be defined in terms of ensuring that legal and judicial outcomes are just and equitable’.1 An expanded concept of access to justice that covers different stages of the process of obtaining a solution to justice problems is more adequate to understanding and illustrating the migrant premium related to (lack of) effective access to justice. Such a comprehensive approach starts with the existence of rights enshrined in laws, and awareness and understanding of those rights by migrants. It embraces effective access to dispute resolution mechanisms and includes the availability of, and access to, counsel and representation. It also encompasses the ability of such mechanisms to provide just, fair, impartial and enforceable solutions and redress.2

We argue that access to justice, despite its own up-front costs, represents an essential tool to mitigate the costs deriving from violations of rights. However, barriers to access to justice narrow the margin of gains (in the form of back payment or compensation) expected from lodging a complaint. The incentives to ask for a remedy are reduced, which perpetuates the rights violations and the related costs suffered by migrants.

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