Description
The article examines the issue of unequal access to human rights justice. Everyone is said to have the right to have their claim heard in court and to receive redress, but the reality at the international level tells a different story. Of all successful claims made before the European Court of Human Rights, for instance, only 15 percent are brought by women. Similarly, individuals who can afford legal representation before UN Treaty Bodies appear more successful in having their claims proceed to the merits stage. This article is the first attempt at a systematic analysis of thousands of human rights cases to determine who gains access to justice, what disparities exist among different groups of claimants, which actors impose barriers on individuals seeking justice, and how these barriers operate. Using quantitative analyses of cases that begin at the national level and reach various international human rights bodies, we examine whether specific types of victims are more successful in advancing through different stages of adjudication. We also assess what role lawyers and judges play in the process of enabling or preventing victims’ access to justice. Our findings contribute to the literature on judicial politics and behaviour by highlighting which types of cases and which groups actually reach the bench, as well as who is left out.
