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Access to Justice Movement

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Title: Access to Justice Movement


1
ELEMENTS OF JUDICIAL REFORM CORE COURSE ON LEGAL
JUDICIAL REFORM JANUARY 11-14, 2005
ACCESS TO JUSTICE
LISA L. BHANSALISr. Public Sector Management
SpecialistLACPREM
2
Access to Justice Movement
  • 1960s Arose in era welfare state and growing
    rights consciousness
  • Criticized for being too narrowly directed at
    procedural access, rather than substantive
    justice
  • Rights-based approach (Univ. Declaration, ICCPR,
    Econ., Social Cultural rights)

Access to Justice Movement
3
Three Waves of Reform
  1. Legal aid advice to the poor
  2. Class actions and public interest litigation
    (e.g. street dwellers in India)
  3. Broad, systemic reform

social justice
4
Access to Justice
  • A right to legal representation/assistance
  • ADR movement (US-led) case management (delays)
  • Mediation or arbitration (who? cost?, criteria?
    monitoring?)
  • ADR in family disputes? Community violence?
    Chambers of Commerce?

5
New approaches to Access to Justice
  • Critics argued that access to justice reform has
    focused too much on procedures and courts
  • Todays reformers want to affect social outcomes
  • --Pro se
  • --Public legal education and human rights
  • --De judicializing
  • --Focus on supply and change management

6
Administration of Justice in Peru
  • Much of Perus territory lacks services of the
    State, among them, justice.
  • The justice sectors institutions are largely
    concentrated in urban centers, limiting access to
    huge numbers in rural and economically
    disadvantaged populations.

Administration of Justice in Peru
7
Basic Justice Module
  • Decentralization concept
  • Located in marginal, urban communities and rural
    areas
  • Agencies housed together for integral services

8
Basic Justice Module Distribution
9
Service Delivery in Justice Modules
  • Separate administrative from judicial functions
  • Internal regulations require coordination among
    actors
  • Represented agencies of the sector
  • Judiciary (Specialized judges and justices of the
    peace)
  • Public prosecutor (provincial and adjunct
    prosecutors)
  • Ministry of Justice (Legal and public defender
    and conciliation centers)
  • Social workers\ translators

10
Legal Aid Centers ALEGRA(Asistencia Legal
Gratuita)
  • Bank not financing legal aid itself
  • Support for more functional service delivery
    oriented at poor clients
  • Builds on the Colombia experience with Casas de
    Justicia

11
Colombia Casa de Justicia
  • Since 1995 with positive results, user
    satisfaction and institutional commitment
  • Formal and informal (non-state) services
  • Peace culture
  • Permits wider coverage of agencies
  • Involves the community in the problem solving
  • Uses ADR
  • Public education in human rights

12
Diagnostic Tool For Assessing Gender Disparity
in Judicial Services
13
Purpose of the Gender Assessment
  • Overall Objective
  • Evaluate gender equity issues relevant for
    strengthening the effectiveness of judicial
    organizations and enhancing access to justice in
    Peru
  • Specific Objective
  • Identify critical areas where gender-responsive
    actions are likely to enhance project
    effectiveness

Purpose of the Gender Assessment
14
Legal Framework
  • International Conventions
  • 1992 Convention for the Discrimination of all
    forms of discrimination against women (Optional
    1999 Protocol)
  • 1994 Inter-American Convention to Prevent,
    Sanction and Eradicate Violence against women
  • Constitution
  • General Legislation Criminal and Civil Codes
  • Special Legislation
  • Laws No. 26260, 26763, 26872 (on Family Violence)
  • Law 26873 (on Conciliation)
  • Supreme Decree No. 002-98-JUS.

15
Caseload of family courts
16
Most common cases in Family Courts
  • 46 of the cases were about marital separation
    however, the data does not tell us whether the
    separation was by mutual consent or not.
  • 6 of the cases were about family violence,
    coming on appeal from the peace judges
    jurisdiction (despite the fact that family courts
    also have first instance jurisdiction on this
    matter).

17
Child SupportBarriers to Access
  • Procedural barriers to effective justice
  • Hearings are frequently adjourned causing parties
    loss of time and attorneys fees.
  • Enforcement is a major problem and custodial
    parents cannot pursue the additional procedures
    to collect child support.

18
Cultural legitimacy and gender equality - Barriers
  • In general, men and women prefer the peace
    judges system, which enjoys considerable cultural
    legitimacy.
  • However, in cases of violence and family
    related issues, women are increasingly more vocal
    about their dissatisfaction.

19
Initial Response to Users Demands
20
Outcomes of Family Violence Cases
21
Access to Justice Some Bank Projects
  • Chile Capacity Building for Legal Practitioners
    (IDF)
  • --design curriculum for international law and
    women's human rights
  • --clincial program to write legal briefs and
    participate in moot court exercises and
  • --creation of a web-based exchange for
    information sharing and technical assistance.
  • Strengthening Uruguay's Justice institutions for
    equitable Developement (IDF)
  • --Development of strategic framework
  • --Multidisciplinary training for judges, state
    attorneys, public defenders, academia, lawyers,
  • --Focus on gender-based violence
  • Ecuador Law and Justice for the Poor (JSDF)
  • --Indigenous dispute resolution and applicable
    legal framework
  • --Peace culture (training program in elementary
    schools)
  • --ADR
  • --Public Defense Service, including bar
    association and law schools
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