Title: Access to Justice Movement
1ELEMENTS OF JUDICIAL REFORM CORE COURSE ON LEGAL
JUDICIAL REFORM JANUARY 11-14, 2005
ACCESS TO JUSTICE
LISA L. BHANSALISr. Public Sector Management
SpecialistLACPREM
2Access 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
3Three Waves of Reform
- Legal aid advice to the poor
- Class actions and public interest litigation
(e.g. street dwellers in India) - Broad, systemic reform
social justice
4Access 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?
5New 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
6Administration 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
7Basic Justice Module
- Decentralization concept
- Located in marginal, urban communities and rural
areas - Agencies housed together for integral services
8Basic Justice Module Distribution
9Service 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
10Legal 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
11Colombia 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
12Diagnostic Tool For Assessing Gender Disparity
in Judicial Services
13Purpose 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
14Legal 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.
15Caseload of family courts
16Most 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).
17Child 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.
18Cultural 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.
19Initial Response to Users Demands
20Outcomes of Family Violence Cases
21Access 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