Access to Justice Movement

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ELEMENTS OF JUDICIAL REFORM CORE COURSE ON LEGAL
JUDICIAL REFORM JANUARY 11-14, 2005
ACCESS TO JUSTICE
LISA L. BHANSALISr. Public Sector Management
SpecialistLACPREM
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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
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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
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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?

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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

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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
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Basic Justice Module

• Decentralization concept
• Located in marginal, urban communities and rural
  areas
• Agencies housed together for integral services

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Basic Justice Module Distribution
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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

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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

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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

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Diagnostic Tool For Assessing Gender Disparity
in Judicial Services
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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
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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.

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Caseload of family courts
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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).

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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.

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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.

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Initial Response to Users Demands
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Outcomes of Family Violence Cases
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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