Non-Discrimination In The Protection Of A Violated Subjective Law

Abstract

The deviation of judicial protection from international standards cannot be explained by domestic objectives or by additional guarantees aimed at empowering some and infringing on others. This research is based on a concrete and abstract manifestation of the problem, which is the impossibility of restricting access to the information necessary to use established legal mechanisms and institutions that have been influenced by time. Equal access attributed by free legal aid and guaranteed by a set of legal institutions and agencies provides non-discrimination as the right an access to justice. Non-discrimination determines the obligation of the state to provide legal assistance to socially unprotected categories of citizens. The authors argue that the right to receive free legal aid in the protection of the violated subjective law should also be maintained in the socially significant categories of cases. In this regard, States are encouraged to organize legal aid programmes to allow legal entity access to the courts, even with global digitalization. The widespread digitalization of modern society has inevitably led to a violation of human rights. The lack of equal access to justice due to unrealized opportunities for remote interaction, the right to address government agencies and authorities actualize the global problem setting to be addressed by states through free legal aid programmes. The implementation of the programmes will be facilitated by measures aimed at making information available to obtain free legal aid and the entities providing it.

Access to Justice: The Role of Legal Aid in Society

“…Conversely, Wahab and Khairi (2020) explore the barriers to justice and legal aid for vulnerable noncitizens in Malaysia, shedding light on the unique challenges faced by marginalized groups in accessing legal aid (Wahab & Khairi, 2020). The issue of non-discrimination in the protection of violated subjective rights, as discussed by Tkacheva (2022) (Tkacheva, 2022), and the urgency of the paralegal position in law enforcement in Indonesia (Utami & Nugroho, 2023), reflect the ongoing efforts to broaden the scope and inclusivity of legal aid services (Utami & Nugroho, 2023). These studies underscore the importance of ensuring that legal aid reaches the most disadvantaged, advocating for policies and practices that prioritize equity and non-discrimination.…”