La falta de acceso a la justicia es uno de los problemas más graves en nuestro continente, pues frustra el ejercicio real de la ciudadanía y, por lo tanto, debilita el estado democrático de derecho en nuestras naciones.
El presente documento propone la elaboración de una Declaración sobre acceso a la justicia de las Américas.
Para tal fin, se describe, en primer lugar, el tratamiento que ha recibido el tema del acceso a la justicia en el Comité Jurídico Internacional. En segundo lugar, se describe y analiza la situación de la problemática del acceso a la justicia en América Latina. Posteriormente se analizan las Reglas de Brasilia sobre acceso a la justicia, que forman parte de la Declaración de Brasilia, corolario de la XIV Cumbre Judicial Iberoamericana, celebrada los días 4 a 6 de marzo de 2008. Luego, se analizan las bondades y limitaciones de estas Reglas de Brasilia, para finalmente proponer un listado de principios que conformarían la declaración planteada.
Debe remarcarse que en el presente documento, se ha buscado una definición amplia de acceso a la justicia, que pueda comprender integralmente la problemática bajo análisis. No limitamos la noción de acceso a la justicia a un mero acceso a los tribunales estatales, sino que lo concebimos como el “derecho de las personas, sin distinción de sexo, raza, identidad sexual, ideología política o creencias religiosas, a obtener una respuesta satisfactoria a sus necesidades jurídicas”.1 Esta noción “ha transitado sucesivas etapas que han ido desde establecer una asociación directa con garantías procesales básicas (tutela judicial)… para pasar posteriormente a una visión vinculada a un derecho más complejo referido a toda clase de mecanismo eficaz que permita solucionar un conflicto de relevancia jurídica”.
Last updated January 30, 2013.
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Last updated: May 25, 2018
This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site and the Forum. This Policy applies only to the Site and the Forum and does not necessarily apply to our offline collection of information.
Namati may collect and retain two types of information about Site and Forum visitors: (i) personal information that individual visitors voluntarily provide when interacting on the Site or Forum or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is data that is automatically collected from every Site and Forum visitor as they use and browse the site.
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Your Information is stored on Digital Ocean servers in New York, USA.
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The Forum uses data about your posts and other activity to make automated decisions about whether your posts are spam.
The Forum may also use data about your posts and activity to award you badges and calculate a trust level for your account. Your trust level may affect how you can participate in the Forum, such as whether you can upload images, as well as give you access to moderation and management powers in the Forum. Your trust level, therefore, reflects Forum administrators’ confidence in you, and their willingness to delegate community management functions, like moderation.
From time to time, we may email users of the Site or the Forum information regarding important developments affecting Namati and/or the Global Legal Empowerment Network. We may also email users on occasion regarding the Site or the Forum. Such emails may be sent to users of the Site or Forum even if they have not requested to receive any communication from us.
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Because Namati is concerned about the privacy protection of children who access the Internet, we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site and Forum are not intended for use by anyone under the age of 13, and we do not knowingly collect information from anyone under 13 years of age without the consent of a parent or guardian.
We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
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The section titles in this Policy are for convenience only and have no legal or contractual effect.
The Site, the Forum, and any third party services they use, may be subject to additional terms and conditions regarding privacy and use of information. Your use of the Site and the Forum is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.
We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page.
You can also access, remove, update or correct your information, and raise any questions or concerns regarding the Site or the Policy, by emailing firstname.lastname@example.org, or mailing:
Namati Data Protection Officer
1616 P Street NW, Suite 101
Washington, DC 20036, USA
If you live in a country which has adopted the General Data Protection Regulation (EU; 2016/679), you have a right to lodge a complaint with your relevant supervisory authority about this policy and its application.
The Policy was updated in May 2018 to comply with the General Data Protection Regulations.