Access to Justice and Its Obstacles

Abstract

As a result, access to justice is a condition for the realization of the "rights to justice," such as the right to a judicial process in which the rights guaranteed to the accused (presumption of innocence, legality of offenses and penalties, other defense rights) are upheld. It constitutes in itself a fundamental right, that is, the right to appeal to the competent authority, namely the judicial authority. Therefore, it is understood the importance of studying the obstacles and challenges that are likely to paralyze, block, or even restrict access to justice and render ineffective the right that arises from it. The realization of rights in Francophone Black Africa is influenced by two parameters acting in opposite directions: one favorable, resulting from the guarantee of the aforementioned right to its existence or satisfaction, and the other unfavorable, resulting in its exercise conflicting with African rights, that is, Customary Law.