Consumers’ Access to Justice and Procedural Rights
Consumers’ Access to Justice and Procedural Rights
This chapter explores the role of the right of access to justice in consumer law. It argues that, although access to justice has been recognized as a human right, consumers still face barriers to enforce their rights effectively, in particular in cases of collective interest, due to high costs, risks, and increasingly complex cross-border procedures. Against this background, this chapter explores how access to justice can be facilitated by collective actions, specific ADR procedures and new funding schemes; among these, the Canadian class action funds and contingency fees.
Keywords: Procedural rights, consumers, access to justice, collective actions, ADR, costs
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