The aim of the present study is to map the Dutch judiciary's use of online sessions in hearing vulnerable litigants following the corona pandemic and to identify what steps can still be taken to improve online sessions and safeguarding rights of vulnerable litigants. The insights gained are relevant for any future epidemics in which physical access to courthouses may need to be restricted again, as well as for future applications of online hearings on a regular basis. The findings are relevant both to the judiciary and to legislators who need to make important choices on this issue.
The main question:
What steps has the judiciary taken after the corona pandemic to better safeguard the rights of vulnerable litigants in online sessions, and how can those rights be safeguarded in the future?
Sub-questions:
1. What is the current state of play regarding the use of online sessions in hearing vulnerable litigants in the judiciary?
2. In what ways has the judiciary addressed the bottlenecks regarding the rights of vulnerable litigants in online hearings?
3. Or in what ways does it intend to address them in a possible next pandemic or future use of online sessions? What can we learn from findings from foreign research on this?
As in our previous research, the study will focus on three areas of law, namely criminal law, immigration law and civil juvenile law. Litigants in these proceedings are usually in a vulnerable (legal) position.
