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Download the file - United Nations Rule of Law

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A related option is teaching <strong>the</strong> poor about<strong>the</strong>ir rights. It can show <strong>the</strong>m that <strong>the</strong> law ison <strong>the</strong>ir side, or that it is deficient and shouldbe changed, or that <strong>the</strong>y should be confidentin pressing for <strong>the</strong> reform <strong>of</strong> bad laws or <strong>the</strong>implementation <strong>of</strong> good ones. Non-formal legaleducation (NLE, as opposed to formal law schooleducation) is geared toward making <strong>the</strong> disadvantagedmore legally self-sufficient by building<strong>the</strong>ir legal capacities. It can take place throughcommunity training sessions, radio and televisionbroadcasts, <strong>the</strong>atre plays, and printed and audiovisualmaterials and, as discussed below, paralegaldevelopment. A crucial point about <strong>the</strong>seeducational efforts is that <strong>the</strong>y must be pitchedat <strong>the</strong> levels <strong>of</strong> sophistication <strong>of</strong> lay people and<strong>the</strong>ir particular situation. Effective NLE typicallyborrows from more general international developmentpedagogy in that it is interactive and creative.It may feature such techniques as discussions,games, role-playing and quizzes.Before interventions are considered, however, itis useful to investigate what causes <strong>the</strong> lack <strong>of</strong>information, why market forces do not provide asolution for this, and what are <strong>the</strong> consequences<strong>of</strong> this lack <strong>of</strong> information for <strong>the</strong> provision <strong>of</strong>justice services to <strong>the</strong> poor. In an efficient marketfor justice services, prospective consumers wouldbe able to evaluate <strong>the</strong>ir own legal needs andseek out appropriate providers. Fur<strong>the</strong>rmore, consumerinformation about <strong>the</strong> nature and quality<strong>of</strong> <strong>the</strong> legal services <strong>of</strong>fered would ensure that <strong>the</strong>market price for legal services reflects <strong>the</strong> value<strong>of</strong> that service to consumers. Not all prospectiveconsumers need to be perfectly informed,because <strong>the</strong> prices <strong>the</strong>mselves would conveyinformation (cf. Schwartz and Wilde 1979).None<strong>the</strong>less, a critical mass <strong>of</strong> informed potentialconsumers is necessary for <strong>the</strong> market to allocatelegal services efficiently. If a population <strong>of</strong> potentialconsumers lacks sufficient basic informationon what legal services are available, <strong>the</strong>ir benefitsand costs <strong>the</strong>y involve, and how to evaluate <strong>the</strong>irquality, <strong>the</strong>n <strong>the</strong> market is unlikely to allocatelegal services efficiently even if potential consumerswould be willing to pay a price that potentialsuppliers would accept.Lack <strong>of</strong> sufficient information about legal rightsand entitlements, and about available legal services,is thus problematic for <strong>the</strong> poor <strong>the</strong>mselvesand also causes justice services to be insufficientlyresponsive to <strong>the</strong> needs <strong>of</strong> <strong>the</strong> poor. Butwhy does this lack <strong>of</strong> information arise? In mostmarkets, consumers learn information about serviceavailability and quality from three sources.The first source <strong>of</strong> information is <strong>the</strong> suppliers,who typically have an incentive to disseminateinformation about <strong>the</strong> services <strong>the</strong>y provide. Thesecond source <strong>of</strong> consumer information consists<strong>of</strong> o<strong>the</strong>r consumers — ei<strong>the</strong>r directly <strong>of</strong> indirectlythrough <strong>the</strong> price mechanism. The third source<strong>of</strong> information is general media coverage. If<strong>the</strong>se three sources <strong>of</strong> information are sufficientin most consumer markets, why might <strong>the</strong>y notbe sufficient to communicate information aboutrights and legal services to poor communities?Understanding <strong>the</strong> answer to this question willhelp reformers design interventions that are appropriatelytargeted to <strong>the</strong> underlying problems.We consider first <strong>the</strong> question. Why might legalservice providers not disseminate <strong>the</strong> relevantinformation? There are several likely explanations.First, <strong>the</strong>re may not be providers willing to <strong>of</strong>ferlegal services to a given population at <strong>the</strong> priceconsumers would be willing or able to pay. If thatis <strong>the</strong> reason, <strong>the</strong>n <strong>the</strong> lack <strong>of</strong> legal informationis a consequence <strong>of</strong> some o<strong>the</strong>r market failure.This suggests that lack <strong>of</strong> legal information maysometimes be more symptom than disease. Second,general information about legal rights and20

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