JUSTICE THAT FITS LIKE A GLOVE

Have you ever asked yourself the question “Who is justice fundamentally for?”, or “Why do we value justice?”, and “Do our justice systems do their best to respond to the needs of those they should serve?”.

These are some of the questions we delve into in this post, the latest in a series of blogs from the ‘Access to Justice’ project exploring whether our current justice systems are delivering.

Who does justice serve?

The term ‘justice’ is one that is frequently mentioned, railed against, and invoked, across many settings, from legislative and policy documents to traditional and social media. But rarely do we pause to ponder why this ‘justice’ that is spoken of is of such import.

This is because we don’t care about justice for the sake of justice. We value justice for its ability to help people in solving problems and promoting fairness and peace. Justice is fundamentally for and about people: Protecting their rights, keeping them safe, and allowing them to resolve disputes they may face.

Its value to individuals and society at large thus reflects these personal and collective dimensions. It is there to address individual issues before they escalate into collective challenges, and, by tackling collective issues, can prevent many individual problems.

In the past, justice reforms have focused mainly on institutions, processes or buildings, and not enough on the individual person’s experience of justice. Indeed, this oversight typically begins at the outset, with the data collected by governments to measure how well the justice system is performing. Data on crime rates, court case numbers, and how long it takes to receive a verdict.

But these metrics do not tell us much about how people experience justice, and to what extent it allows them to resolve difficulties and make their lives easier.

Justice pathways – from the moment the legal need arises to accessing responsive justice services that facilitate fair and useful outcomes – suffer from the same oversight. Many have been designed from a justice provider perspective, prioritizing the needs of the justice institution and professionals over those of the people seeking assistance. It is no surprise then, that more than 70 per cent of people with legal problems never seek advice or assistance.

Putting people at the centre of our justice systems

This high percentage suggests that access to justice is not only about getting in the door but also about making sure that justice is worth pursuing. According to data gathered by The Hague Institute for Innovation of Law, what people really want justice to do is to provide solutions to their problems. So that they can fix what is broken and get on with their life as swiftly as possible.

The way people are treated on their way to justice is equally important.

The journey and the destination both matter. And because justice is there to serve the people, it has to start with – and revolve around – what people need when they seek it.

People-centred justice aims to achieve three main tasks:

• Remove the obstacles that people face when seeking justice.
• Enhance the justice-seeking experience.
• Improve the outcomes at the end of the justice journey.

In this pursuit, people-centred justice should also be user-friendly, offering formal and informal avenues tailored to people’s justice needs and removing legal, administrative and practical impediments. Moreover, it must be solution-oriented, matching prevailing needs with procedures that provide timely resolution and fair outcomes.

In short, people-centred justice puts users and their needs at the centre of the justice system, using justice to improve and simplify their lives, not complicate them further.

Responding to the needs of individual justice users

But here is the real game-changer: Placing justice system users at the centre means that justice meets everyone where they are, no matter who they are or where they live. The humans at the centre of this approach to justice are not a homogenous mass, but rather a reflection of diverse, intersecting groups as they exist in real life.

Responding to people’s needs means identifying those needs and the appropriate steps to meet them, for each group in society, with the aim of laying down a level playing field for all.

Recent years have seen many key players in the global movement for justice for all. The UN Secretary-General, the Justice Action Coalition, USAID and the OECD have all championed people-centred justice as a vital strategy towards achieving justice systems that are accessible to and serve equally all humans.

A key document on the subject from the OECD outlines a basis for people-centred reform of justice, identifying inclusion as one of its key principles. It emphasizes that people who experience different types of disadvantages, among whom women tended to be disproportionately represented, must especially have access to the proper services and pathways to tackle their legal problems, and that it is equally vital to keep a sharp eye out for bias and discrimination in the justice system.

How does people-centered justice change the game for women?

Firstly, people-centered justice is the kind of justice that understands women. It not only recognizes their different set of needs but also acknowledges the high level of diversity among women. By addressing group-specific barriers and designing solutions tailored to the unique needs of different women, people-centred justice can give them access to justice worth having.

For example, people-centered justice can recognize that a woman dealing with family conflict needs more than just temporary respite or a quick fix. She needs a solution that addresses the problem as a whole, ticking each box in ensuring a long-term sustainable solution to her situation – from a secure home, financial stability, and recognized property rights to childcare, respectful communication, and an absence of all forms of violence.

Making women and their needs an integral part of the global movement for people-centred justice is also an opportunity for women to actively influence the redesign of justice, instead of advocating for piecemeal changes. It is steering the wheel, not just sitting in the passenger seat.

The people-centered approach also gives women a chance to be part of a more substantial and unified push towards justice reform, aligned with a key development goal that matters to everyone in the development arena.

IN CONCLUSION, LET’S PONDER SOME QUESTIONS:

Let us know what you think: [ Click to reveal ]