Page 20 - Impact: Collected Essays on Expanding Access to Justice

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A right reinforces the right-holders’ dignity and respect
The notion that rights confer dignity upon and respect for the rights-holder became a focal point for human rights law in the aftermath of the horrors of World War II . Countries like Germany and, more recently, South Africa, given their history in particular, have focused on the importance of the “dignitary” aspect of rights .32 However, that notion is very relevant to the movement for a right to counsel in eviction matters .
In the contemporary United States, growing activism in low-income communities of color is drawing attention to incidents of police brutality that reflect that the system of justice is unequal and that the members of those communities are not treated with the dignity and respect they deserve . Much of this activism centers around the police and the criminal justice system, and the “Black Lives Matter” movement has emerged out of that activism as a call for respect and dignity . But a parallel critique can be made of the civil justice system, particularly in Housing Court, where people are effectively denied their right to be heard when they face losing their homes simply because of their poverty and, as a consequence, the brunt of evictions, displacement and homelessness falls disproportionately on low-income communities of color . A right to counsel in eviction proceedings would convey a strong message to those communities of color that their lives, homes and communities matter and will be treated with the dignity and respect they deserve .
Treating all people with dignity and respect is an important social value and an important element of human rights .
Contemporary constitutional law draws from the religious and Kantian conceptions of human dignity and embraces the inherent dignity of all individuals as a legal principle . This modern form of “dignity” necessarily conflicts with and rejects the traditional social view of dignity as a mark of distinction for particular individuals and groups . The endowment of human dignity entitles everyone in modern society to demand equal respect and consideration for his personality from the government as well as from other individuals . The claims of equal dignity are largely normative and serve to ground human rights . Therefore, regardless of whether individuals actually possess equal dignity in some traditional or social sense of being “dignified,” there may be practical reasons for asserting the equality of dignity in order to support basic human rights and avoid the most egregious violations of human rights .33
The need for a new order of dignity and respect by establishing a right to counsel is well understood by tenants whose lives are directly affected:
When I went to court I wanted to talk to the judge . The lawyer from the other side, they said “Why would I have to talk to the judge?” I say “I want to talk to the judge . I want to tell my story to the judge .”, and they say “No, you cannot talk to the judge .” So I asked the clerk if I can talk to the judge and he go like this, like yes you could do . So, I mentioned that I was missing time from my job and they were putting overcharge in my rent also . I had an overcharge, for long time .34
For me, [the right to counsel] is knowing that when you’re about to go before the judge, that you’re not alone . There’s somebody there that can interpret for you, that’s not working
32 See Neomi Rao, On the Use and Abuse of Dignity in Constitutional Law, 14 colum. J. eur. l. 201, 202 (2008).
33 Id. at 207.
34 Evelyn Rivera, CASA focus group, Nov. 17, 2015.
Impact: Collected Essays on Expanding Access to Justice