Discrimination against foreigners in legal proceedings
Name(s):
Active legal prejudice towards foreign nationals
Prejudicial judicial treatment of aliens
Nature
Many constitutions include only nationals within the scope of their provisions for access to the courts and for various procedural rights before the courts. Some legal systems accord to refugees and other aliens the same right of access to the courts as they do to nationals, but other laws require, for instance, the making of a financial deposit before an alien may bring a case before the courts.
Legal aid facilities existing in a country are sometimes partially or totally unavailable to aliens. Sometimes bail may be available only to nationals. Foreigners involved in court proceedings may be handicapped by linguistic difficulties unless adequate provision for interpretation is made on their behalf. Attention has been drawn to the psychological disadvantages faced by foreigners involved in court proceedings. The mere fact of being a foreigner, it has been said, often works against a defendant, whose punishment may be far harsher than that of a native of the country.
Type
(F) Fuzzy exceptional problems