Access to justice as a fundamental principle of the rule of law

Abstract

Access to justice is one of the essential pillars of the rule of law and is widely recognized, both in national and international legal doctrine, as a fundamental human right. From the perspective of international human rights law, instruments such as the Universal Declaration of Human Rights and the American Convention on Human Rights establish that everyone has the right to an effective remedy before competent courts or tribunals when their rights have been violated. The objective of this study was to identify access to justice as a fundamental principle of the rule of law. A documentary research methodology was applied, and the study is explanatory and bibliographic in nature. Particularly in contexts where social, economic, and cultural inequalities persist, access to justice is recognized as a tool for empowering vulnerable groups and reducing gaps of exclusion and discrimination. Thus, its implementation requires not only the existence of legal norms, but also comprehensive public policies that ensure physical, economic, and procedural accessibility, guaranteeing that justice is effective, impartial, and non-discriminatory. In conclusion, access to justice, far from being an abstract concept, represents a fundamental principle of democratic coexistence and a sine qua non for the effective functioning of a constitutional state governed by the rule of law, guaranteeing equality, legal protection, and the full exercise of human rights for all citizens.