The Toogdag is the Annual Research Day of the Netherlands Network of Human Rights Research (NNHRR).
Keynote speech by prof. dr. Helen Duffy, Professor of International Human Rights and Humanitarian Law at the Grotius Centre & an experienced praticing international lawyer.
Access to justice (A2J) is essential for the protection of human rights. It ensures that individuals can effectively seek redress for grievances and hold power to account. A2J is, however, increasingly at risk. Significant challenges include the backlash against (inter)national courts, (rising) costs of legal services, legal fees, standing and victim requirements or the shrinking civic space and strategic lawsuits against public participation (SLAPPs). Systemic inequalities exacerbate the problem. Marginalized communities, including people of color, migrants, and those with disabilities, often face discrimination and are confronted with language barriers or implicit biases. Technological advancements present a double-edged sword. While innovations have the potential to improve access, they can also widen the gap for those without digital literacy or internet access. Finally, the rise of populist movements and anti-establishment sentiments undermine the legitimacy of (inter)national courts and tribunals and erode public trust in legal institutions. This could make it (even) harder for individuals to seek justice.
These challenges are becoming more pertinent in the Netherlands as well. One could think of reports about class justice in criminal law as well as possibilities within administrative and criminal law to impose far-reaching restrictions on individual rights without prior judicial involvement. There is also a reluctance to ratify optional protocols under UN human rights treaties that allow for individual complaints. The new government wishes to restrict access to justice in relation to spatial planning and to make standing requirements for associations stricter and limit appeal possibilities and reduce legal aid in asylum law. These developments warrant the question as to whether the actual legal practice is (still) in line with the requirements of Article 6 ECHR, Article 47 of the EU Charter of Fundamental Rights in similar provisions in UN human rights treaties.
The 2025 Toogdag, hosted by Radboud University and its Research Centre for State and Law (SteR) focuses on A2J.
