Resumo

ARGES, Joaquín R.. Access to Justice Understood as a Peremptory Human Right (jus cogens). Derecho glob. Estud. sobre derecho justicia [online]. 2018, vol.3, n.8, pp.73-92.  Epub 14-Out-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i8.145.

This article deals with the topic of access to justice conceived as a human right with peremptory nature (jus cogens). The work begins with a review of the meaning of access to justice right, its origin, current conception and its consecration as a human right. Then, a brief note is made about the topic of jus cogens and the consequences derived from considering access to justice right as part of it (its hierarchical superiority and the generation of erga omnes obligations). Before concluding, we briefly summarize the ECtHR’s decision for the case of Al-Dulimi and Montana Management Inc. v Switzerland, in which, in an ober dictum, the majority of the Court notes that, per se, access to justice right does not have peremptory character. To conclude, some final considerations are made.

Palavras-chave : Access to justice; human rights; peremptory norms; jus cogens.