Inequality and access to the rule of law

The rule of law has to offer a remedy for clashes of interests between individuals. However, the function of the rule of law is influenced by social factors, which depends on the specific characteristics of the society wherein it functions. For accessing the rule of law, individuals need specific means in order to resolve disputes arising from these clashes of interests. In reality, not every individual has the same starting position and may lack the means to access the rule of law, which may result in a dysfunctional rule of law. Introducing human rights and positive state obligations may be a solution to the thresholds that individuals face in protecting their interests.