Approach to Justice
Justice is giving a person the right to live in accordance with the laws that have been written down. As humans, we believe we have the right to be fairly treated regardless of our race, economic status, education level or any other factor that can be used to categorize people.
For this reason justice in law can be defined as an act of treating people justly and fairly especially when it involves punishment. Basically, the approach to reach a just verdict depends on the case present.
Asylum justice
In a an example presented in this article, the approach to justice towards immigrants seeking asylum is one way of ensuring that people are treated fairly regardless of where they come from.
Immigrants who flee from their country to seek refuge in another country should have rights to seek better living condition as compared to there own home countries. Most people run away from their countries because they are unable to bare the events happening in their countries.
These happenings may be in form of corruption, brutality, violation of human rights, fights and other kinds of human violation that leads to conflicts or political instability or political witch-hunting. Asylum seekers have troubles in getting the justice they deserve especially because many governments are narrowing the chances of giving immigrants asylum.
In America, especially after the September 11th tragedy, judges who are in charge of cases concerning asylum have become particular about identifying whether the asylum seekers are credible immigrants by doing a background check up of the countries they are from. The aim of using this kind of approach to ensure that justice is served and to ensure that asylum seekers can now obtain legal aid funds.
The policies stipulated on asylum and immigration Acts are used as a way of balancing asylum procedures of the states involved and to ensure the establishment of a balanced approach to how legal and illegal immigrants are treated. In most cases, the asylum seekers are not represented by attorneys neither with legal advice and this makes it difficult for them to win their cases.
Transitional justice
Another approach to justice is, transitional justice. Transitional justice can be defined as a kind of justice that is used to promote or put a stop to a widespread in the violation of human rights. This kind of justice is usually adopted when people who have been experiencing human rights abuse over along period of time and are now on the verge of recovery.
In such cases, which involve human rights violation, the government is responsible in ensuring wide range of initiatives are enacted to stop the violation. The emphasis of this kind of justice is based on how those involved in human rights violations and victims of the violation get treated in terms of legal and criminal prosecutions.
States recovering from a conflicts or instability may use this form of justice in support with other institutions that support the rule of law to ensure that there is protection of human rights for the state to restore its stability and national protection.
A state that is stable economically, politically and socially, provides its people with a platform for realization of how important human rights are as compared to an unstable state which gives rise to human insecurity, forced displacements and human rights violation.
For this reason, it is important for recovering governments to recognize and support transitional justice which will help in accounting for past violation of human rights and breaking of humanitarian laws as a way of resolving conflicts and will also ensure the government is in support of human rights standards as essential elements of the rule of law.