University of Tehran Public Law Studies Quarterly 2423-8120 46 4 2016 12 21 The right of access to Justice in the European convention on Human Rights The right of access to Justice in the European convention on Human Rights 855 872 60521 10.22059/jplsq.2016.60521 FA Jamshid Momtaz Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Sirous Motevassel PhD in International Law, Shahid Beheshti University, Tehran, Iran Journal Article 2016 05 24 As in the case of national law, respect and protection of Human Rights is only effective if the executive legal systems can ensure access to an effective remedy. When such right is violated, access to the justice system is essential for the victim. Although the European Convention on Human Rights refers to some aspects of a Fair Hearing, there is no clear reference to the right of hearing within the concept of access to an effective remedy or the right to proceedings. The jurisprudence has broadened the scope of the mentioned subject matter beyond just the right to a fair and effective process system to the right to proceedings. However, provided that the restriction is subject to a legitimate purpose, the principle of proportionality is awarded and that the limitation has no effect on the nature of the stated right, the right of access to justice has proven not to be absolute in some instances. As in the case of national law, respect and protection of Human Rights is only effective if the executive legal systems can ensure access to an effective remedy. When such right is violated, access to the justice system is essential for the victim. Although the European Convention on Human Rights refers to some aspects of a Fair Hearing, there is no clear reference to the right of hearing within the concept of access to an effective remedy or the right to proceedings. The jurisprudence has broadened the scope of the mentioned subject matter beyond just the right to a fair and effective process system to the right to proceedings. However, provided that the restriction is subject to a legitimate purpose, the principle of proportionality is awarded and that the limitation has no effect on the nature of the stated right, the right of access to justice has proven not to be absolute in some instances. https://jplsq.ut.ac.ir/article_60521_755187e529ff7b1723a6dfb2b96dcf0e.pdf