Delivering Access to Justice for All - OECD

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TABLE OF CONTENTS
WHY ACCESS TO JUSTICE?......................................................................................................................................... 2
Link to The Sustainable Development Goals.............................................................................................................................................................3
Links to Inclusive Growth ...............................................................................................................................................................................................................5
WHAT ARE THE BARRIERS TO ACCESSING JUSTICE? ......................................................................... 7
HOW CAN PEOPLE-FOCUSED ACCESS TO JUSTICE BE IMPLEMENTED?............................. 9
Understanding and Measuring Legal Needs..............................................................................................................................................................9
Understanding Justice Pathways........................................................................................................................................................................................11
Examples of People-focused innovations in Access to justice ..............................................................................................................12
TYPES OF LEGAL EMPOWERMENT INTERVENTIONS ........................................................................13
Impact of selected legal empowerment initiatives..........................................................................................................................................14
KEY QUESTIONS FOR CONSIDERATION......................................................................................................19
BIBLIOGRAPHY.................................................................................................................................................................20

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WHY ACCESS TO JUSTICE?
Access to justice is integral to achieving the Sustainable Development Goals (SDGs)
and inclusive growth. An estimated four billion people around the world live outside
the protection of the law, mostly because they are poor or marginalized within their
societies. They can be easily cheated by employers, driven from their land, preyed upon
by the powerful and intimidated by
violence. The lack of legal accountability
allows local corruption to undermine
economies, diverting resources from
where they are needed the most. Lengthy
delays in processing legal cases inhibit
individual economic activity, while the
inability to enforce contracts deters people from entering into them. Overcrowded
prisons are full of poor people waiting months or even years for a first trial, forced to
give up work opportunities and unable to support their families. Women, who often
face multiple forms of discrimination, violence and sexual harassment, are particularly
affected by legal exclusion. Addressing these legal challenges will be essential to
enable the basic protection of human rights, from protection of property to legal
identity and freedom from violence.
4 billion people around the
world live outside the protection of the
law, mostly because they are poor or
marginalized within their societies.

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Legal empowerment—the ability of people to understand and use the law for
themselves—enables even those who are most marginalized to achieve justice, meet
their basic needs, hold authorities to account, protect their interests and participate in
economic activities in an inclusive manner.
LINK TO THE SUSTAINABLE DEVELOPMENT GOALS
In September 2015, member states of the
United Nations made an important
breakthrough by agreeing on a Sustainable
Development Goal (SDG) 16.3: “Promote the rule
of law at the national and international levels and
ensure equal access to justice for all”, which
recognizes the intrinsic links between access to
justice, poverty reduction and inclusive growth.
The SDGs provide a unique opportunity to reflect
on how national governments can ensure that
economic growth, development, and poverty
reduction strategies integrate equal access to
justice and legal empowerment initiatives, as
integral elements necessary to achieve these
objectives.
Access to justice, as well as being a central element of SDG 16, is crucial to
implementing many of the other SDGs, such as eradicating poverty and hunger (SDG
1 and SDG 2). It gives farmers and other agrarian communities the tools they need to
improve their tenure security, which has been shown to lead to more productive
investment. Similarly, the ability to access and enforce regulatory frameworks helps to
determine whether contracts and labor and environmental standards — critical for fair
development outcomes — are respected in practice. In the Philippines, for example,
survey results by the Asian Development
Bank showed that in communities with
legal support, regulatory reforms resulted
in residents with higher levels of
productivity, higher income, more
disposable income, and more investment
in their farms.
Women, who often face
multiple forms of discrimination, violence
and sexual harassment, are particularly
affected by legal exclusion.
Source : UN

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Access to justice and legal empowerment help translate legal guarantees of gender
equality into real improvements in the daily lives of women (SDG 5) by supporting
women in protecting themselves from domestic violence, sharing in benefits from
natural resources, retaining control over loans taken out in their name, and accessing
inheritance or property upon divorce. In Bangladesh, providing access to justice for
women reduced the illegal practice of dowry payment and increased women’s cash
savings for emergencies, compared to other communities without legal help,
according to the Asian Development Bank.
Source : Adapted from UN

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Justice and governance can also help preserve the environment (SDG 14 and SDG 15).
A global study in 2009 of 80 forest areas found a correlation between local rule-making
about forest management and high carbon storage and other livelihood benefits, such
as increased firewood, fodder, fertilizer, and timber available to meet basic subsistence
needs of local users. According to the survey, when local users are insecure in their
rights, they consume more forest products; but when their tenure rights are secure,
they conserve biomass and use their forest commons in a more sustainable manner.
Access to legal help can help communities to secure rights over common land, giving
them more control over their livelihoods and greater incentives to preserve their
environment. A number of OECD countries — for example, the United Kingdom,
Australia, and New
Zealand — seek to
increase access to justice
by clustering
administrative tribunals
on related subjects
matters (e.g.
environmental and land
use planning); in
providing “one window
access”, they increase
efficiencies as well as
improve environmental
outcomes.
LINKS TO INCLUSIVE GROWTH
The law underlies nearly every aspect of people’s lives, including health, employment,
education, housing, and entrepreneurship. In many countries, unequal access to and
discrimination in these sectors create real barriers to economic participation, especially
for traditionally marginalized populations (youth, the elderly, women, migrants).
However, these sectors depend upon legal frameworks for their operations and
legitimacy. Providing people access to justice enables them to tackle these
inequalities, and to participate in legal processes that promote inclusive growth.
Source : Civil Service India (n.d.)

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The inability to access legal and justice services can be both a result and a cause of
poverty. People who are more
vulnerable to social exclusion
typically report more justice
problems than other groups.
Furthermore, as legal problems tend
to trigger and cluster with other
legal and non-legal problems, these
same groups appear to experience
an increased rate of non-legal
challenges as well. Data show that
legal problems spark other
problems, thus contributing to a
cycle of decline which inhibits
economic productivity. Source : Adapted from Tyler T. et al. (2011)

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WHAT ARE THE BARRIERS TO ACCESSING JUSTICE?
Many economic, structural, and institutional factors hinder access to justice, including
the complexity and cost of legal processes, time, and geographical and physical
constraints. Importantly, many people — especially those in vulnerable and
marginalized groups — neither recognize their problems as legal ones, nor identify the
potential legal remedies for those problems. Cost, including opportunity cost, and trust
in the justice system are also important factors in determining whether or not people
seek legal assistance, or take action at all, to resolve their legal problems.

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Source : Adapted from Community Advocacy & Legal Centre
(2016)

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HOW CAN PEOPLE-FOCUSED ACCESS TO JUSTICE BE IMPLEMENTED?
UNDERSTANDING AND MEASURING LEGAL NEEDS
To design appropriate solutions to local justice problems, governments must start with
an effective understanding of its population’s legal needs and experiences in accessing
justice. Understanding these legal needs requires a focus on outcomes – i.e., the ability
of people to address their legal needs in a fair, cost efficient, timely and effective
manner. Today, more than 37 countries rely on national legal needs surveys to
determine baseline data for understanding their people’s legal problems. By 2017, the
World Justice Project will conduct legal needs surveys in more than 100 countries. The
data gathered through this type of approach will be invaluable in mapping the gaps
in delivering justice so that governments can plan and implement national
development strategies that meet national needs.

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As the majority of injustices faced by people today involve civil rather than criminal
matters, national measurements of justice must go beyond criminal justice. In
Colombia, a 2013 survey established that approximately 40% of the population had
had a legal issue in the preceding four years, with fraud, theft, access to public services,
and housing the most common problems. In the United States, an ABA study of low-
and moderate-income households revealed that nearly half of all households had had
at least one legal need in the preceding 12 months, with the most common issues
personal finance, consumer issues, and
housing and property. Legal needs surveys
also demonstrate how people typically
seek to solve their justice problems
without relying on formal justice systems.
In Ukraine, a 2010 survey found that
respondents with a legal problem most commonly first pursued direct negotiation
with the other party, and then sought resolution with government authorities. Only
nine percent actively sought a remedy in court. As such, effective measurement of
progress on SDG 16.3 must look at people’s experiences of resolving a justice dispute,
rather than administrative data on cases processed.
By 2017, the World Justice
Project will conduct legal needs surveys
in more than 100 countries.
Source : Adapted from Community Advocacy & Legal Centre (2016)

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UNDERSTANDING JUSTICE PATHWAYS
Although courts in formal justice systems are critical for access to justice and the rule
of law, relatively few legal problems are resolved through the court system or even
through formal alternative dispute resolution processes. When faced with legal
problems, people will often turn to non-court based processes, and even non-legal
services. Income, distance, personal capability and the manner in which services are
made available are key factors that influence people's use of legal and other services.
In the area of criminal justice, some countries with few qualified lawyers have placed
paralegals in communities to educate rural populations about their rights when a
family or community member has been arrested and imprisoned. Paralegals offer free
basic legal advice to vulnerable
groups and help the latter navigate
the complexities of the criminal
justice system. Without the
intervention of paralegals, people
would stand a much higher risk of
being wrongfully imprisoned, often
for extended periods of time, or exposed to ill-treatment by police or to corruption
before their case is re solved. Furthermore, formalizing paralegalism in such places is
a low-cost way for justice ministries to provide access to justice for economically
marginalized groups. Globally, the use of pre-trial detention, and its impact on
economic prospects for individuals and communities.
Formalizing paralegalism
is a low-cost way for justice ministries to provide
access to justice for economically marginalized
groups.
Source : OECD (2016)

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EXAMPLES OF PEOPLE-FOCUSED INNOVATIONS IN ACCESS TO JUSTICE
In the broader context, many countries are modernizing approaches to providing
legal assistance and justice services to respond to a range of day-to-day legal needs:
• Legal empowerment interventions. Legal empowerment is designed to give
people the power to know and use the law, and is one of the most effective and
responsive methods for achieving access to justice. Legally empowered, even poor
and marginalized people are able to make the law work in their own interests,
achieving meaningful solutions to concrete injustices. It emphasizes a people-
centric approach to justice by highlighting the priorities of individuals and
communities in using the law to
advance and protect their interests.
Often this involves a combination
of lawyers and paralegals, formal
and informal justice systems,
information sharing and
community-driven participation.
Legal empowerment is
designed to give people the power to know
and use the law, and is one of the most
effective and responsive methods for
achieving access to justice.

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TYPES OF LEGAL EMPOWERMENT INTERVENTIONS
The Asian Development Bank identifies three orders of legal empowerment
interventions:
• First-order interventions include basic legal awareness-raising, or “legal
literacy” work to educate the public about legal rights and obligations,
institutional structures of the legal system, and specific mechanisms that
marginalized groups can use to advance their interests. This can include
print, broadcast and internet media, informational flyers, pamphlets and
posters, radio and TV outreach, dramatic performances and digital tools.
• Second-order interventions focus on resolving legal problems and
administrative challenges that are faced by marginalized groups.
Interventions are community-driven and provide both formal and informal
legal services, including mediation. Paralegals are a key mechanism for
implementation at this level, as they are able to address informal/formal
divides, understand local context, are cost-effective and responsive to local
community needs.
• Third-order interventions are designed to affect policy constraints and
systemic factors that shape the circumstances in which legal problems arise.
They target persisting inequitable power relations that continually
marginalize the poor. Activities include public interest litigation, policy and
law reform advocacy, legislation drafting, administrative advocacy, justice
system reform and corruption monitoring.

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IMPACT OF SELECTED LEGAL EMPOWERMENT INITIATIVES
A legal empowerment approach to access to justice has resulted in well-targeted
and effective outcomes in a range of geographies:
• In Indonesia, a local NGO used female paralegals to expand understanding
about rights and entitlements in female-headed households. Alongside
international partners, the NGO supported government reforms of state and
religious justice institutions by raising awareness and assisting with women's
cases, contributing to a fourfold increase in the number of women able to access
circuit courts the following year.
• In Ecuador, the World Bank evaluated five legal service centers focused on
enforcing child support payments for poor women and reducing domestic
violence. The study found that the centers’ clients seeking child support were
20% more likely to succeed than those without access to legal aid. They were
also 17% less likely to experience physical violence after separation from their
partners.
• In India, filing claims under the Right to Information Act (RTIA) has helped New
Delhi’s slum dwellers to obtain ration cards for subsidized foodstuffs. A Yale
University study found that 94% of ration card applicants who filed RTIA inquiries
into the status of their application received their cards within a year. Only 21%
of those who did not file a claim received their cards.
• In Sierra Leone, extended or unlawful pretrial detention damages the prosperity
and health of prisoners and their families. An Oxford University study showed
that a program placing paralegals in prisons to provide free legal services has
reduced the numbers of prisoners held on remand by 20% and increased the
percentage gaining access to bail by 13%. Moreover, only two paralegals placed
at each police station managed to provide basic legal advice to 70% of
detainees.

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• Facilitating a continuum of legal assistance and justice services. Many countries
are shifting strategies toward access to legal services and justice as a continuum of
services: access to understandable legal information, to legal representation, to
appropriate non-legal support, and support to participate in alternative, cost-
effective mechanisms as well as to formal hearings in courts and tribunals. To
facilitate navigation across multiple justice pathways and overcome the
fragmentation of legal services, some countries are developing frontline of
community paralegals and community justice centers or one-stop shops (e.g.,
Family justice centres, le service d’accueil unique des justiciables in France; scaling
community based paralegals to be deployed in all chiefdoms in Sierra Leone) in
order to overcome the fragmentation of legal services. The recent Strategic
Technology Summits organised by the US Legal Services Corporation highlighted
case triage as one of the top six priorities for enhancing access to justice in the
United States. While still limited, many countries are expanding the scope of
coverage of legal aid to civil and administrative cases (Estonia, France, Ukraine,
Georgia, Indonesia), as well as for cases considered outside of courts by alternative
mechanisms to resolve disputes (Armenia, Germany, France, Lithuania, Switzerland
and Sierra Leone).
Source : Adapted from Finix Technologies (n.d.) and Open Law Library (2015)

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• Providing targeted, timely and appropriate legal assistance services. Targeted
services aim to ensure limited public funds are first used to assist those facing the
most severe problems and least able to otherwise access help, thus maximising
social return on investment. Targeted services also require recognition that justice
and legal needs are tied to an individual’s life circumstances (e.g., problem solving
courts dealing with drug, alcohol abuse and domestic abuse). The US
Government’s Legal Aid Interagency Roundtable, established in 2015, is a good
example of targeting national government support for justice where it is most
needed.
• Another tailored option to civil justice needs of people, used by the private and
public sector, is to “unbundle” legal services (breaking legal services down into
defined and affordable parts allowing the client to pick and choose which parts to
purchase) and provide partial legal representation or assistance, with the client
doing much of the work themselves (e.g., “self-help units” of US legal aid providers
and an online Unbundling Resource Center of the American Bar Association).
• Legal problems left unaddressed
can bring about and exacerbate
other legal and non-legal
problems, and entrench social
disadvantage. To prevent problems
occurring or escalating, early
intervention is needed, and often entails building a robust early resolution services
system and promoting basic legal skills training. The mode of service delivery,
location and level of assistance of legal services should reflect client capability and
support efficiencies by migrating users to the least expensive services that
adequately meet their needs. For example the Intereach Neighbourhood Centre
in Deniliquin, New South Wales, Australia brings together different public agencies
and private offices with the intention to reach out collectively to people in need in
a determined geographic area, which also helps to overcome geographical barriers
(broadband network initiative Australia).
Legal problems left unadressed
can bring about and exacerbate other legal
and non-legal problems, and entrench
social disadvantage.

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• New developments in technology may revolutionize legal services over the next
few decades. Many governments are increasingly putting their judicial services
online, such as Rechtwijzer 2.0 in the Netherlands, where entire cases are initiated
and decided online. The UK and
Australia are also embracing
online technology. Private online
dispute resolution systems such
as that used by eBay (which
settles 60 million disputes each year) can facilitate solutions to small problems
efficiently. Technology has also introduced automated pathways, providing simple
information to clients who answer a series of standard questions, to reduce costs
and winnow out simple cases. Despite the widespread use of 3G phones in low
and middle income countries, there is considerable under-development of mobile
applications in this area, while high income countries are moving swiftly ahead.
New developments in technology
may revolutionize legal services over the next
few decades.
Source : Adapted from Currie A. (2009)

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• New financing models, such as low-cost legal insurance (e.g. US legal services, or
Legalwise South Africa) taken out by people renting a property, or to help with
family problems. In South Africa, for example, one package offered is 84R per
month ($6USD), for use of a lawyer up to 84,000R ($6,000) per case. Cooperatives,
owned by members, offer another option for low cost fixed fee services (e.g. in the
UK) or social enterprise models to self-fund basic legal services and use of
endowments.
Source : Adapted from Australian Government (2012)
Source : OECD (2016)

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KEY QUESTIONS FOR CONSIDERATION
• How can access to justice and legal empowerment be fully integrated into national
development and inclusive growth strategies?
• How can governments shift from the more traditional focus on internal processes
of justice institutions towards helping people access justice, in order to support
effective implementation of the SDG 16.3 to “ensure equal access to justice for all”?
• What are good practices in providing people-focused, targeted and timely legal
and justice services, including legal empowerment?
• How can we take better advantage of new technology and other justice
innovations for the delivery of legal and justice services in low, middle and high
income countries?
• How can effective and credible basic justice services be delivered at scale in a
sustainable manner?
• What are innovative financing approaches in support of access to justice? How can
the private sector be better engaged, including in investing in low cost legal
services?

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BIBLIOGRAPHY
Action Committee on Access to Justice in Civil and Family Matters (2013), Access to Civil and Family Justice: A
Roadmap for Change, Ottawa, Canada, October 2013.
American Bar Association (ABA) (1994) Comprehensive Legal Needs Study, Legal Needs and Civil Justice: A Survey of
Americans, Major Findings from the Comprehensive Legal Needs Study, ABA Consortium on Legal Services and the
Public
Asian Development Bank (2001), Legal Empowerment: Advancing Good Governance and Poverty Reduction,
Appendix 1: The Impact of Legal Empowerment Activities on Agrarian Reform Implementation in the Philippines &
Appendix 2: The Impact of Legal Empowerment on Selected Aspects of Knowledge, Poverty, and Governance in
Bangladesh: A Study of Three NGOs
Australian Government (2012), Harnessing the Benefits of Technology to Improve Access to Justice, Analysis paper,
Canberra: Commonwealth of Australia
Barendrecht M, Gramatikov M, Porter R, and Verdonschot J.H, (2012), Trend Report: Part 1 – Towards Basic Justice Care
For Everyone, Den Haag: The Hague Institute for the Internationalisation of Law, The Hague: HiiL
Chhatre A, and Agrawal A, (2009), Trade-offs and synergies between carbon storage and livelihood benefits from forest
commons, PNAS, 106(42), 17667- 17670
Civil Service India n.d., Inclusive Growth and Issues arising from it. Available
from: http://www.civilserviceindia.com/subject/General-Studies/notes/inclusive-growth-and-issues-arising-from-it.html
[11 Sep 2016]
Community Advocacy & Legal Centre (2016), Challenges and Opportunities In Rural and Remote Access to Justice –
Ontario, Canada, Michele M. Leering
Currie A, (2009), The Legal Problems of Everyday Life, in Sandefur R.L. (ed.), Access to Justice: Sociology of Crime Law
and Deviance, Vol 12, Emerald, p. 37
Finix Technologies (n.d.), One Stop Shop. Available from: http://www.finixtechnologies.com/one-stop-shop/ [12 Sep
2016]
Judicial Encuesta Nacional de Necesidades Jurídica (2013), Análisis general y comparativo para tres poblaciones,
Dejusticia
Knight R, Adoko J, Siakor A, Salomao A, Auma T, Kaba A and Tankar I, (2012), Protecting Community Lands and
Resources: Evidence from Liberia, Mozambique, and Uganda, Namati and International Development Law
Organization (IDLO), 118
Le Blanc D, (2015) Towards Integration at Last? The Sustainable Development Goals as a Network of Targets, DESA
Working Paper No. 141 ST/ESA/2015/DWP/141
OECD (2015) Expert Roundtables on Equal Access to Justice, Background Notes, unpublished
Open Law Library (2015), The Legal System needs to be redesigned by normal people for normal people, 18 November
2016. Available from: http://www.openlawlab.com/2015/11/18/the-legal-system-needs-to-be-redesigned-by-normal-
people-for-normal-people/ [11 Sept 2016]
Tyler T, Lawton E, Conroy K, Sandel M. and Zuckerman B, (Tyler et al.) (2011), Poverty, Health and law, Durham, North
Carolina: Carolina Academic Press
Ukraine (2010), Legal Capacity of the Ukrainian Population, National Survey
UN Sustainable Development Goals. Available from https://sustainabledevelopment.un.org/sdgs [12 September 2016]
Photo Credits:
Open Society Foundations, Elisabetta Foco.

Delivering Access to Justice for All - OECD

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