Substantialism and the Rights of the Person with Deficiency: The Process’s Social Function

Abstract

Every citizen has the right to effectively access the Judiciary. The juridical activity is effective, or rather, its decisions are complied with through the person of the judge and, consequently, they should be effective and able to achieve justice. In the wake of the above, it seems that the people with deficiency lack judicial access to the Judiciary since, due to their deficiency, they may not bear the type of bureaucracy within the context of juridical activity. Consequently, the desired and required impact is not conceded. Further, there are frequent situations in which the legal activity leads towards a legislative symbolism which foregrounds the difficulties experienced by the judge to accomplish jurisdictional tutelage and concede a correct and just decision. In fact, people with deficiency have the right to a just, free and un-impeded process.