Justice

Justice overview

The resources below place justice reform in a broad context and emphasise the importance of sector-wide working and close attention to human rights when designing justice sector approaches.  Several of the resources consider justice reform from the perspectives of the poor and excluded, particularly women and juveniles.

Page contents

Where is a good place to start?

Carothers, T. 2003, 'Promoting the Rule of Law Abroad: The Problem of Knowledge', Rule of Law Series no. 34, Carnegie Endowment for International Peace, Washington
This paper from the Carnegie Endowment for International Peace considers the apparent lack of knowledge supporting rule-of-law projects in developing countries. There is a surprising amount of uncertainty about the rationale for rule-of-law promotion and what actually constitutes the ‘rule of law’. There is limited knowledge about how system changes occur and what long-term effects specific changes will have on the development of the rule of law.
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Sector-wide working

DFID emphasises sector-wide approaches to the justice sector, with a broad definition of the institutions involved. This approach spans legal and judicial reform projects, access to justice programs, and police and penal reform. There is an increasing tendency to use such approaches where appropriate, and a general commitment that interventions in particular areas must contribute to the effectiveness of the sector as a whole.

The following two documents provide information on the Ugandan Justice, Law and Order Sector (JLOS) programme, one of the most well-established such programmes:

Sserumaga, S., 2003, Sector-Wide Approaches in the Administration of Justice and Promoting the Rule of Law: the Ugandan Experience, Seminar on the Rule of Law, European Initiative for Democracy and Human Rights, 3-4 July 2003, Brussels
Since the end of 1999, the Ugandan government has worked to plan and implement a medium-term reform plan for its justice, law and order sector. This paper, delivered at a European Initiative for Democracy and Human Rights seminar, outlines the achievements and challenges of this sector-wide approach. It also provides insight into the role of donors in such programmes.
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A more local-level approach to integrating the many institutions involved in the justice system, is USAID's Justice Centres approach. This model emphases coordination of all personnel, including judges, public defenders, prosecutors, private law practitioners, police, and municipal representatives, in order to improve justice services.

 

Hendrix, S, 2000, 'Guatemalan 'Justice Centers': the centerpiece for advancing transparency, efficiency, due process and access to justice' report prepared for USAID.
An efficient and transparent justice system is crucial to reduce corruption opportunities and impunity. Conflict tends to weaken or destroy, not only the justice sector, but the state itself, making it incapable of dealing with human rights issues. After a terrible history of genocide and human rights abuse in Guatemala, it was recognised that the justice system was flawed and that establishing a rule of law was needed. To address these concerns a new operational model – the Justice Centre – was developed. This USAID article asks how effective has this initiative been to revitalise a deficient justice system?
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Perspectives of users

DFID emphasises the importance of poor people's experience of justice systems. Consultations from around the world show that civil disputes have a disproportionate effect on the poor, and that justice systems tend to be inaccessible and biased against them. Paying attention to these experiences can help to improve the effectiveness of justice sector interventions. The documents below present findings from surveys, participatory research and social audits in different countries.

Government of Uganda, 2002, Participatory Poverty Assessment on Safety, Security, and Access to Justice: Voices of the Poor in Uganda, The Republic of Uganda Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector
What are the constraints faced by the poor in Uganda in terms of safety, security and access to justice? How can Justice Law and Order Sector (JLOS) give “voice” to the concerns of the poor? This first ever Uganda ParticipatoryPoverty Assessment is an initiative from the J/LOS to consult the poor as end-users of justice, safety, security and order issues.
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The Asia Foundation, 2001, Survey Report on Citizen's Perceptions of the Indonesian Justice Sector: Preliminary Findings and Recommendations, The Asia Foundation, San Francisco.
There have been few opportunities for ordinary citizens in Indonesia to participate in legal reform actions. Yet, what are their perceptions and experiences of the justice sector? This report by the Asia Foundation addresses the above question, drawing on data from a qualitative and quantitative study. The study focuses on the choices that the Indonesians make in resolving legal disputes and their familiarity with the procedures of the formal institutions. It also looks at the factors that influence the Indonesians’ preference for solutions and their level of satisfaction with chosen courses of action.
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Sanz-Ramos Rojo, S. 2001 'The Barangay Justice System in the Philippines: Is it an Effective Alternative to Improve Access to Justice for Disadvantaged People?' MA dissertation prepared for IDS, Brighton, UK.
Can community mediation programmes improve access to justice for everyone, including the most disadvantaged? Do they really deliver speedy, cost-effective and good quality justice through non-adversarial processes? This MA dissertation from the Institute for Development Studies looks at the benefits of one such programme – the Barangay Justice System (BJS) in the Philippines.
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Deepa, N., Chambers, R., Shah, M.K., and Petesch, P., 2000, Voices of the Poor: Crying Out for Change, New York, N.Y: Published for the World Bank, Oxford University Press.
The World Bank Voices of the Poor study highlighted how in many countries, the police and the judiciary are inaccessible and persecute poor people. Experiences of the poor in different regions are summarised in Chapter 8: Anxiety, Fear and Insecurity, particularly the sections on 'crime and violence' and 'persecution by the police and the lack of justice'.
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Excerpts from Genn, H, 1999, 'Paths to Justice: What do People Think About Going to Law?', Hart Publishing, Oxford, UK in 'Sourcebook on Access to Justice', Messick, R. and Beardsley, L., WorldBank Empowerment Retreat May 7-8, Washington, USA.
In an attempt to fill some of the existing information void, this book from Hart Publishing presents the results of a survey of public attitudes towards the civil justice system. The survey explored the behaviour of the public in dealing with potential legal disputes and problems, as well as potential plaintiffs or potential defendants. It identified the strategies adopted by those involved in potentially justiceable events to resolve or conclude the matter, use of courts and ADR; and the factors that propel litigants towards the legal system. It also identified structural factors, or lack of knowledge, which prevent access to the legal system where it is desired. The survey further assessed the effect of this lack of access to the formal legal system of individuals.
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Human rights and the justice sector

Justice sector institutions are pivotal to the legal protection and enforcement of human rights.  However, human rights are often poorly understood by those working in the justice system.  Specific approaches and strategies are required to ensure that justice sector reform will contribute to the realisation of human rights for poor people.  Justice sector interventions can assist by:

• Working to ensure that human rights standards are respected by formal justice institutions (for example, by police, prisons or courts) and by non-state justice systems;
• Strengthening the legal framework to address issues such as discrimination against women, minorities and other groups;
• Improving people’s ability to bring successful claims on issues such as the right to housing, education or healthcare;
• Strengthening human rights accountability mechanisms as an integral part of the justice sector.

This document introduces the ways in which human rights organisations and governments can further poor peoples' access to their rights, covering the justice sector among many other areas.

International Council of Human Rights Policy, 2004, Enhancing Access to Human Rights, ICHRP, Geneva
Why do so many people not enjoy rights to which they are entitled? What needs to be done beyond law and legal reform to ensure that rights and entitlements are accessible to all? This report by the International Council on Human Rights Policy (ICHRP) analyses the role that institutions play in alleviating or exacerbating social exclusion. It concludes that human rights organisations need to reposition themselves to become relevant to the very poor and those who suffer systemic discrimination.
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The following papers are a selection of the many documents available on human rights approaches to promoting safety, security and access to justice:

Public Interest Law Initiative, 2001, Pursuing the Public Interest: A Handbook for Legal Professionals and Activists
The role of the law in protecting social rights in the transitional societies of the former Soviet Union and Eastern Europe is still being defined. Numerous groups have formed to defend various kinds of public interest using the law, and most have faced similar kinds of hurdle. This book from Columbia University's Public Interest Law Initiative assembles their experiences and offers a guide to those starting new initiatives.
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Coyle, A., 2002, A Human Rights Approach to Prison Management: A Handbook for Prison Staff, International Centre for Prison Studies, London.
How can human rights form an integral part of prison management? What are the common factors that constitute a model for good prison management? This handbook, produced by the International Centre for Prison Studies, draws examples from all regions of the globe, setting out standards agreed by the international community, usually through the UN. The handbook shows that there is a common set of factors which, when taken together, constitute a model for good prison management. Its specific focus is those who deal with prisoners on a day to day basis.
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OHCHR, n.d., Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police, OHCHR
How are international human rights standards relevant to the work of the police? How can these standards be translated into the development of skills, policies and practical behaviour and taught to law enforcement officials? This manual from the Office of the High Commissioner for Human Rights (OHCHR) should be used by police educators to train law enforcement officials.
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Gender and justice

In many countries, women's access to justice is obstructed by statutory and customary law that is biased against women, or is not gender-sensitive. Even where there is formal legal equality, women often face discrimination from state and non-state institutions. Structural inequalities, such as lack of time, access to resources and education, can restrict women's ability to engage adequately with the bodies that implement justice. These concerns need to be addressed in the design of justice interventions to ensure that both women and men's legal rights are realised.

The following two documents are country-level studies of the issues affecting women's access to justice, and the potential entry points for overcoming them:

Saur, M., Semu, L. and Ndau, S., 2003, Listening to People's Voices. A Base-Line Study of Gender-Based Violence 'Nkhanza' - in three Districts of Malawi, Submitted to the GTZ/ Ministry of Gender and Community Service Project to Combat Gender-Based Violence in Malawi
How can gender based violence be combated in Malawi? How does research tackle the controversial and sensitive subject of “Nkhanza” or violence/cruelty? This report, from German Technical Co-operation (GTZ), submitted to the Ministry of Gender and Community Services in Malawi, conveys the findings of a baseline study carried out in six villages in rural Malawi. The investigation centres around the social and legal status of women, the particular emphasis being on the impact of gender based violence.
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Government of Uganda, 2002, Study on Gender and Access to Justice, The Republic of Uganda Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector
Gender has a significant influence on access to justice in Uganda. Alongside other poor and marginalised groups, women have received little protection from the justice system. This study for the Ugandan Ministry of Justice and Constitutional Affairs identifies the barriers obstructing women’s access to justice and recommends policies that could lead to a more equitable system.
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The next two documents address legal and judicial interventions to promote women's access to justice:

Rodríguez, M., 2000, Empowering Women: An Assessment of Legal Aid Under Ecuador's Judicial Reform Project, Legal Vice Presidency, The World Bank
The World Bank is making efforts to widen the scope of its legal and judicial reform programmes beyond strengthening institutions. Its aim is to design more holistic projects that encompass all actors and organisations with a stake in the administration of justice. This report assesses the Bank’s first attempt to incorporate a programme of legal services for women into a judicial reform operation, implemented in Ecuador.
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Commonwealth Secretariat, 2002, Gender Mainstreaming in Legal and Constitutional Affairs, Background Paper prepared by the Social Transformation Programmes Division, Commonwealth Secretariat for the 12th Commonwealth Law Ministers Meeting, Kingstown, St. Vincent and the Grenadines, 18-21 November 2002
What mechanisms are needed for mainstreaming gender into the legal and constitutional affairs of states? This reference manual by the Commonwealth Secretariat offers guidelines to assist governments in advancing gender equality in their countries. It suggests that gender mainstreaming in the state’s legal and constitutional structures is a corollary to mainstreaming gender in development and ensuring equal opportunities and outcomes for women and men.
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This report shows how violations of women's property rights require responses spanning the whole justice system as well as other sectors:

Human Rights Watch, 2003, Double Standards: Women's Property Rights Violations in Kenya, Human Rights Watch Report, Vol. 15, No. 5
In Kenya and most sub-Saharan African countries, women's property rights are unequal to those of men. Their rights to own, inherit, manage and dispose of property are under constant attack from customs, laws, individuals – including government officials. What are the individual experiences of women in Kenya? What steps can be taken toward improving women’s property rights in law and practice? This paper from Human Rights Watch analyses the ways in which women’s property rights are violated, the consequences in terms of poverty and abuse, as well as attempts to provide recommendations for improvement.
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In particular, gender-based violence requires gender-sensitive responses from the police and other justice institutions.

United Nations Development Fund for Women, 2003 Combating Gender Based Violence: Achievements and Ways Forward, UNIFEM
Comment: The Outlawing Violence chapter is particularly relevant to the justice sector. (Full summary and document available shortly.)

Juveniles and justice

Juveniles have specific needs for appropriate treatment by justice institutions. They also face particular social, financial, institutional and legal barriers when accessing justice. Children can be particularly at risk of certain kinds of crime, including discrimination and human rights abuses from the police and other justice-sector personnel. As well as interacting with the justice system in their own capacity, children and young people are also affected when parents or guardians are victims of crime or are sanctioned through the justice system.

United Nations Children's Fund, 2004, Justice for Children: Detention as a Last Resort, Innovative Initiatives in the East Asia and Pacific Region, UNICEF.
Improving justice for children, including juvenile justice laws, policies and procedures is one of the most important strategies for enhancing the protection of children in society. But how can this best be done? This study by Unicef of the East Asia and Pacific region argues for policies that use ‘detention as the last resort’. It concludes that diversion not only reduces the number of children deprived of their liberty, but also decreases the rate of repeat offending by young people.
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Petty, C. and Brown, M. (eds) 1998, Justice for Children; Challenges for Policy and Practice in Sub-Saharan Africa, Save the Children Fund, London
This study examines the particularities and problems of juvenile law in Africa, looking at the cases of South Africa, Ghana and Uganda. Time and money are often lacking when drafting new legislation, nor is there always societal consciousness that change is desirable or necessary. New law must consider systems of implementation and monitoring and their financing if children’s lives are to be improved.
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What other resources are available on the GSDRC?

Further resources on human rights can be accessed via the GSDRC topic guide on Human Rights.

Use the site search at the top of the page if you wish to look for wider resources on justice.

Additional information resources

CIET has carried out social audits of the police and judiciary in Bolivia, Tanzania, Nicaragua, Uganda and South Africa

Transparency International has carried out surveys of attitudes to corruption, which include the police and judiciary.

The Asia Pacific Forum on Women, Law and Development (APWLD) includes regional news on human rights, gender and justice issues and some online publications.

UNIFEM has resources on gender justice and a special section on violence against women.

The International Center for Criminal Law Reform and Criminal Justice Policy has a webpage on Juvenile Justice, which includes guidelines for the prosecution of crimes against children.

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