SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
Access to Justice:
A Fundamental Human
Rights Principle
Access to Justice is a fundamental
human rights principle and
standards. This principle is
enshrined in the core international
human rights. Article 8 of the
Universal Declaration of Human
Rights (UDHR) states that:
“Everyone has the right to an
effective remedy by the competent
national tribunals for acts violating
the fundamental rights granted
to him/her by the constitution
or by law”; and Article 2 of the
International Covenant on Civil and
Political Rights (ICCPR) stipulates:
““Each State Party to “(a) ensure
that any person whose rights or
freedoms as herein recognized
are violated shall have an effective
remedy, notwithstanding that the
violation has been committed
by persons acting in an official
capacity; (b) ensure that any person
claiming such a remedy shall have
his right thereto determined by
competent judicial, administrative
or legislative authorities, or by any
other competent authority provided
for by the legal system of the State,
and to develop the possibilities of
judicial remedy; (c) ensure that the
competent authorities shall enforce
such remedies when granted.”
The principle of access to justice is
not simply limited to access to courts
and legal representation, it entails
access to legal awareness and knowledge, access to
protection, legal aid, advice and counseling, judgement,
enforcement, and civil society monitoring.52 Thus, Access
to justice must be ensured if a society were to be truly
based on the rule of law.
Lebanon is bound by these treaties and principles. In
reality, many of what this principle entails are not ensured
today. The Lebanese justice system is heavily politicized
and there are serious allegations of chronic corruption
inside it. In addition, the system lacks many of the basic
and necessary features such as adequate dissemination
of legal information, a systematic and comprehensive
legal aid system; free legal advice and pro-bono legal
representation. Added to this is the prohibitive costs
of using the system and the complex procedures and
long delays of the proceedings. All this hinders average
citizen from accessing justice and increase the lack of
confidence in the system and limit access to justice
that makes this right futile. In the case of stateless
persons, these problems impede the possibility of such
individuals to end their legal status, whether through
birth registration or nationality law suits.
However, stateless persons resorting to courts to end
their statelessness face a number of obstacles. These
extend from poor application and interpretation of
laws that help prove their right to obtain a nationality;
insufficient information related to laws and procedures;
wrong advice provided from non-specialized actors,
the unaffordable cost, and the long delays in the court
proceedings and at the execution stage
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
Poor Application of Laws
Single Judges Malpractices in Birth
Registration lawsuits
Despite the non-contentious nature of registration of
civil status events, many Single Judges decide to apply
to adjoin the Lebanese State to be an adverse party
in such lawsuit, particularly when the case involves
an adult child. Yet, ironically, the state’s lawyers rarely
attend the courts proceedings and do not present their
arguments. This “unlawful” practice is justified by the
legal professionals is to pre-empt the appealing after
the judgement is issued.53
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