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Structural and procedural barriers to accessing justice for marginalised populations

Structural and procedural barriers to accessing justice for marginalised populations. Priti Patel, Deputy Director, SALC Presented at AIDS2014. Southern Africa Litigation Centre T: +27 (0) 11 587 5065 f: +27 (0) 11 587 5099 www.southernafricalitigationcentre.org.

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Structural and procedural barriers to accessing justice for marginalised populations

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  1. Structural and procedural barriers to accessing justice for marginalised populations Priti Patel, Deputy Director, SALC Presented at AIDS2014 Southern Africa Litigation Centre T: +27 (0) 11 587 5065 f: +27 (0) 11 587 5099 www.southernafricalitigationcentre.org

  2. Prescription/Statuteof limitations • Time limit on when you can bring a case for damages • In many countries 3 years from time event occurred. • LM and Others v Government of Namibia

  3. Standing • Who can take the case to court • Most countries in southern Africa have narrow standing • Tapela and Another v Attorney General

  4. Lack of awareness of rights • Failure to access courts and lawyers in necessary time. • Not thinking or framing events as something for which one can seek justice.

  5. Access to lawyers

  6. Litigation process • Litigation process can be long and onerous for marginalised populations. • Court process itself can be alienating for the litigants • Fear of public disclosure

  7. Thank you

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