Trend Report | Part 1 - HiiL

More documents

Recommendations

Info

We are grateful for the contributions to the report and the underlying activities and research from: Oxfam Novib (The Hague), ASK (Dhaka), Cewla (Cairo), Praxis (Baku), Deme So (Bamako), Wildaf (Bamako), Haguruka (Kigali), Das Rechtsbijstand (Amsterdam), OAS (Managua), Lawyers for Justice and Peace In Egypt (Cairo), Open Society Justice Initiative (Budapest), The Cambodian Human Rights and Development Organisation (Phnom Penh), KBH LampASung (Sumatra), Cord (Kep province, Cambodia), Irda (Kampala), Kituo Cha Sheria, (Nairobi), Rwanda Legal Aid Forum/Andrews Kananga (Kigali), Judge Adel Maged (Cairo, Durham), Ab Currie (Research and Statistics, Department of Justice, Ottawa), Hiroshi Matsuo (Keio University), RIAD/Antje Fedderke (International Association of Legal Protection Insurance, Brussels), Judge Dory Reiling (Amsterdam), Linn Hammergren (Washington DC), Julio Faundez (Warwick), Joel Harding, Community Advocacy & Legal Centre/Michelle Leering (Ontario), Folke Bernadotte Academy/Richard Zajac Sannerholm (Stockholm) Facilitated by HiiL, Tisco (Tilburg University), Microjustice Initiative Maurits Barendrecht, Martin Gramatikov, Robert Porter, Jin Ho Verdonschot With contributions from Morly Frishman, Olena Loboiko, Jobien Monster, Corry van Zeeland, Publimarket HiiL Trend Report – Part 1: Challenges and Promising Approaches 1
Table of Contents Executive Summary 3 1. Starting From Justice Needs 10 1.1 Faith 11 1.2 Serving Justice Needs In A More Effective Way 13 1.3 Vision and Strategies Beyond Grievances and Better Laws 14 1.4 Access to Fair, Affordable Solutions: A Five Step Framework 17 1.5 Basic Justice Care Is Similar Across Borders and Cultures 19 1.6 Knowledge from Many Places and Disciplines 22 2. Problems Every Person May Run Into 26 2.1 At Least One Serious Problem in 5 to 10 Years 27 2.2 Ten Frequent Problems 28 2.3 Impact of Problems 32 2.4 Tensions in Vital and Close Relationships 36 2.5 Beyond Right and Wrong 37 2.6 Benefits of Access to Justice: Empowerment, Growth and Peace 38 2.7 Summary 40 3. What People Do To Address Problems 41 3.1 Many Helpers, Many Paths to Justice 42 3.2 Estimating the Access to Justice Gap 45 3.3 Getting Stuck On The Path To A Fair Solution 51 3.4 Towards an Epidemiology of Justiciable Problems 59 3.5 Summary 62 4. What Makes it Hard to Deliver Justice 63 4.1 Outdated Regulation of Services 64 4.2 Offering Two Clients with Opposing Interests One Service Does Not Work 67 4.3 Insufficient Incentives on Courts, Uncertain Tasks 69 4.4 A Mix of Private and Public Benefits 72 4.5 Making Money with Legal Information is Hard 73 4.6 Powerful Defendants 74 4.7 Scaling Up Legal Services and Civil Society Projects is Difficult 75 4.8 Many Policies Did Not Work As Expected 78 4.9 Implementing Good Access to Justice Policies is Difficult for Governments 80 4.10 Summary 82 5. Promising Approaches for Supporting Negotiation and Adjudication Processes 84 5.1 Specialisation and Setting Concrete Goals For Procedures 85 5.2 Legal Information Targeted on Needs of Disputants 92 5.3. IT Platforms Supporting Negotiation and Litigation 102 5.4 Facilitators Leading Parties Towards Fair Solutions 108 5.5 Creating a Choice of Adjudicators 115 5.6 Using Reputation to Induce Compliance 122 5.7 Sharing Best Practices and Creating Evidence-based Protocols 124 5.8 The Risks of Increasing A2J 130 5.9 Summary 132 6. Concluding Remarks: Caring for Justice Needs 135 HiiL Trend Report – Part 1: Challenges and Promising Approaches 2
Page 1: Trend Report | Part 1 Towards Basic
Page 5 and 6: But if we take 300 problems as a st
Page 7 and 8: A third problem for adjudicators is
Page 9 and 10: Choice of Third Party Adjudication
Page 11 and 12: Trend Report Basic Justice Care 1.
Page 13 and 14: This is what can happen if innovati
Page 15 and 16: Making Justice Needs Tangible and V
Page 17 and 18: The vision behind justice needs app
Page 19 and 20: Analytical Framework: A Process Giv
Page 21 and 22: Universal Processes And Local Pract
Page 23 and 24: Clients: Data obtained through (pot
Page 25 and 26: For employment conflicts, divorce,
Page 27 and 28: Trend Report Basic Justice Care 2.
Page 29 and 30: In her influential Paths to Justice
Page 31 and 32: Ten Frequent Problems Problem Incid
Page 33 and 34: Many of the respondents there live
Page 35 and 36: Extremely or Very Somewhat Number E
Page 37 and 38: 2.4 Tensions in Vital and Close Rel
Page 39 and 40: This means that a simple framework
Page 41 and 42: For this, they tend to build on dis
Page 43 and 44: 3.1 Many Helpers, Many Paths to Jus
Page 45 and 46: "My husband was very violent on me
Page 47 and 48: Using focus group interviews she fi
Page 49 and 50: Inaction to legal problems is not d
Page 51 and 52: An Australian survey found 79% sati
Page 53 and 54:
A Five Task Dispute Resolution Mode
Page 55 and 56:
Filing documents in which issues ar
Page 57 and 58:
Another problem can be that the rol
Page 59 and 60:
The demand for timely decisions dri
Page 61 and 62:
Towards classification Legal needs
Page 63 and 64:
3.5 Summary In many countries, ther
Page 65 and 66:
As we have seen in Chapter 3, only
Page 67 and 68:
They argue that rules allowing only
Page 69 and 70:
In their celebrated paper on the ec
Page 71 and 72:
It is considered not the task of ap
Page 73 and 74:
This perspective still leaves a lot
Page 75 and 76:
Models for low cost legal advice Si
Page 77 and 78:
The Biggest Legal Aid NGO in the Wo
Page 79 and 80:
However, the NGO’s do not yet hav
Page 81 and 82:
Villager’s Committees in rural Ch
Page 83 and 84:
Better laws are also unlikely to be
Page 85 and 86:
Trend Report Basic Justice Care 5.
Page 87 and 88:
A Strategic Framework for Access to
Page 89 and 90:
Task Terms of Reference for Procedu
Page 91 and 92:
Possible Elements of Terms of Refer
Page 93 and 94:
Benchmarks for the way specific pro
Page 95 and 96:
Big investments in informing people
Page 97 and 98:
Smart way of looking for the releva
Page 99 and 100:
In civil law systems, the legislato
Page 101 and 102:
SEWA (Self-Employed Women’s Assoc
Page 103 and 104:
An underlying vision would be to cr
Page 105 and 106:
In 2011, the European Union took th
Page 107 and 108:
It is interesting to look at the in
Page 109 and 110:
Notwithstanding all the positive de
Page 111 and 112:
Timap for Justice (a paralegal prog
Page 113 and 114:
Facilitadores Judiciales in Nicarag
Page 115 and 116:
“Collaborative Law” The “coll
Page 117 and 118:
The Many Effects of Having Adjudica
Page 119 and 120:
Abunzi: Locally Elected Courts in R
Page 121 and 122:
Properties of Dutch Employment Term
Page 123 and 124:
5.6 Using Reputation to Induce Comp
Page 125 and 126:
Using Reputation Incentives to Incr
Page 127 and 128:
Sharing knowledge: The challenges a
Page 129 and 130:
This developed in clear best practi
Page 131 and 132:
It is a given that culture and prac
Page 133 and 134:
If the available data are assessed
Page 135 and 136:
Dispute resolution know-how has dev
Page 137 and 138:
This report assessed what is needed
Page 139 and 140:
This report is not an appeal to spe
Page 141:
HiiL is an independent research and
show all

Trend Report | Part 1 - HiiL

Create successful ePaper yourself

Delete template?

Save as template?