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The right to compensation for miscarriage of justice and the patrimonial responsibility of the State to ensure effective access to justice: The case of Mexico
Abstract
The right of access to justice, human right and basic principle of the rule of Law, is essential to guarantee a sustainable development and more just and peaceful societies. To ensure its effectiveness, States must implement measures to safeguard, among others, rights, guarantees and judicial protection. This is why we must refer to the UN Agenda on the Sustainable Development Goals, particularly objective 16, access to justice, to make a criticism regarding the creation of strategies and actions on a topic that has been omitted by the Mexican legislator: compensation for miscarriage of justice. This is because the legal and interpretative framework does not contribute to demanding from the State a direct and objective responsibility for the damages caused to those who have been deprived of their freedom unjustly.
