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Governance Themes Information Database Organisation Database Training and Events

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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Safety, Security and Accessible Justice

Accessibility

This page forms part of the Governance Theme section on 'safety, security and accessible justice'. It provides key texts on promoting equal access of all, including poor people, to fair and effective justice systems that suit their needs.

Page contents

General

Legal literacy

Legal and judicial reform

Traditional and informal justice systems

Penal reform

Key texts: General

Asian Development Bank, 2001 'Legal empowerment: advancing good governance and poverty reduction', Overview Report, in Sourcebook on Access to Justice, Messick, R. and Beardsley, L., World Bank Empowerment Retreat May 7-8, Washington, USA.
This report for the Asian Development Bank considers how legal empowerment (LE) contributes to other development goals such as poverty reduction, good governance and public participation. It identifies the most effective strategies for LE and the factors contributing to their success.
Full document available online

Rhudy, R., 2000 'Expanding access to justice: legal aid models for Latin America', chapter 2 in 'Justice Beyond Our Border: Judicial Reforms for Latin America and the Caribbean', C. Biebesheimer and F. Mejia, eds, Inter-american Development Bank, Washington DC.
This second chapter in Justice Beyond Our Border analyses various models of legal aid and access to justice, considering how they might be applied in Latin America and the Caribbean. Numerous local factors will affect how particular models might be developed in a particular context with performance often depending on factors independent of the model's structure itself, including leadership, governance structures, issues related to funding and the environment within which it operates.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Golub, S. 1993, Excerpts from 'Evaluation of Asia Foundation Legal Services/ Human Rights Programming in Bangladesh' in Sourcebook on Access to Justice, Messick, R. and Beardsley, L., World Bank Empowerment Retreat May 7-8, Washington DC.
This evaluation explains that corruption, expense, delay, indifference and physical distance of the courts all weigh in favour of settling local conflicts outside the formal legal system. A shalish consists of village leaders (exclusively men) gathering as a committee of sorts to try to settle a local dispute. Shalish that are not organised by NGOs tend to be influenced by patron-client relations and permeated by corruption of various sorts.
Full document available online

Biebesheimer, C. and Mejia, F. (eds) 2000, 'Justice beyond our borders: judicial reforms for Latin America and the Caribbean,' in Different Kinds of Legal Aid Systems, Inter-American Development Bank.
(Full summary and ability to access document available shortly)

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., World Bank Empowerment Retreat May 7-8, Washington, USA.
Far-reaching changes to procedure and the funding of civil actions have been recently introduced to the English civil justice system. Yet, these developments have been taking place without broad contextual information about the incidence of civil disputes, or the behaviour, expectations and needs of the public in seeking to achieve satisfactory resolutions to those disputes. What factors influence the access or the lack of access to justice?
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Dakolias, M. 1996, ' A strategy for judicial reform: the experience in Latin America,' World Bank Technical Paper 319, World Bank, Washington DC.
This article argues that judicial reform can strengthen democracy and promote economic development in Latin America, and identifies current problems and solutions. Six areas require special attention: judicial independence, judicial administration, procedural codes, access to justice, legal education and training, and bar associations.
Full document available online

Abregu, M. 2001, 'Barricades or obstacles: the challenges of accessible justice', in R. V. Puymbroeck, (ed) Comprehensive Legal and Judicial Developments: Towards an Agenda for a Just and Equitable Society in the 21st Century, World Bank, Washington DC.
It is recognised that the poor have unequal access to justice and that this undermines the possibility of equality in society. The reasons for this situation are many. This article by Abregu, Ford Foundation, attempts to identify the obstacles to poor people accessing justice and to propose some ways in which these problems may be addressed.
Full document available online
Full summary of the book as a whole can also be accessed.

Key texts: Legal literacy

Paterson A. 1992, 'Financing legal services: a comparative perspective', in Carey Miller, D. L. and Beaumont, P. (eds), The Option of Litigation in Europe, UK National Committee of Comparative Law, pp. 149 173.
This piece, from a publication of the United Kingdom National Committee of Comparative Law, examines the four principle legal aid models -charitable, judicare, salaried and mixed. It adopts a comparative approach, focusing mainly on the situation in Western industrialised countries. It then presents an overview of the main alternatives to legal aid - contingent fee, contingent legal aid fund, and legal expenses insurance for groups and individuals.
Full document available online

McCutcheon, A. 2000, 'University legal aid clinics: a growing international presence with manifold benefits,' in M. McClymount and S Golub (eds.) Many Roads to Justice, Ford Foundation.
This article focuses on how university legal aid clinics are being utilised, in many countries, to pursue social justice goals. The author also looks at the substantial benefits these clinics can offer to developing countries, if supported by legal practitioners, educators and donors. The examples McCutcheon uses are clinics that aid under- privileged areas of their societies with the goals of 'improving people's lives, securing justice, and advancing civil, political, economic, social or cultural rights.
Full document available online

McClymont, M. and Golub, S. 2000, 'Nonlawyers as legal resources for their communities,' in Many Roads to Justice, Ford Foundation.
This chapter reviews the methods used by NGOs and CBOs supported by the Ford Foundation to enable disadvantaged populations to become more legally self-sufficient, filling legal aid voids that exist in societies with few lawyers. Non-lawyers refers mainly to professional or voluntary paralegals but also to ordinary community residents who use the law collectively or individually to gain access to government services and legal processes.
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Hershkoff, H. and Hollander D. 2000, 'Rights into action: public interest litigation in the United States,' in M. McClymount and S. Golub (eds.) Many Roads to Justice, Ford Foundation.
This paper by Helen Hershkoff and David Hollander draws on examples from the activities of Ford Foundation grantees in the United States during the 1980s and 90s, with particular reference to women's rights, minority rights and immigrant or refugee rights.
Full document available online

Key texts: Legal and judicial reform

Linarelli, J. and Herzog, C. 2000, 'Model practices in judicial reform: a report on experiences outside the region', chapter 1 in Biebesheimer, Christina; Mejia, Francisco (eds.), Justice beyond our borders: judicial reforms for Latin America and the Caribbean, Inter-American Development Bank, Washington DC, Johns Hopkins University Press, 2000.
This first chapter of Justice Beyond Our Borders gives an overview of judicial reforms from around the world that have potential application to courts and judicial systems within the Latin American region. Model practices in civil justice are considered, and best practices in criminal justice, and those applicable to civil and criminal proceedings, are outlined.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Vargas Viancos, J. E. 2000, 'Judicial reform in the Basque Country: a case study', chapter 3 in 'Justice Beyond Our Border: Judicial Reforms for Latin America and the Caribbean', C. Biebesheimer and F. Mejia, eds, Inter-American Development Bank, Washington DC.
Full document available online
This final chapter in Justice Beyond Our Borders analyses the reform of the judicial system in the Basque country, clarifying and isolating differences between the Spanish system and those in Latin America to draw out lessons of the reform process which can be put into Latin American contexts.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Manning, D. 1999, 'The role of legal services organizations in attacking poverty' paper prepared for World Development Report 2000/1.
This paper examines different legal organisations. There are many legal services organisations in operation throughout the world. Some are devoted exclusively to representing poor people in civil legal matters. Others provide a wide range of social services in addition to legal advocacy. Legal representation is provided through labour, human rights, womens rights and government organisations.
Full document available online

Hammergren, L., 'Diagnosing judicial performance: toward a tool to help guide judicial reform programs', paper prepared for Transparency International 9th International Anti-Corruption Conference.
This paper provides a checklist for diagnosing judicial performance. It aims to evaluate the transparency and related aspects of judicial performance and is intended to promote reform programmes. The list is composed of the characteristics believed to be critical in producing the desired patterns of behaviour. It is intended to be applied globally, and was not written with any specific legal system or tradition in mind. It aims to capture universal factors that will help identify real or potential problems in judicial operations.
Full document available online

Hammergren, L. 2002, 'Do judicial councils further judicial reform? Lessons from Latin America', Rule of Law Series no. 28, Carnegie Endowment for International Peace, Washington DC.
This paper attempts to draw lessons from Latin Americas experience with judicial councils. It suggests that disappointments with council performance arise primarily in a failure to understand the nature of the problems under attack or the more complex mechanisms required to resolve them.
Full document available online

Puymbroeck, R.V. (ed) 2001, Comprehensive Legal and Judicial Developments: Towards an Agenda for a Just and Equitable Society in the 21st Century, World Bank, Washington DC.
Justice, law and human rights are fundamental prerequisites for economic and social development. What are the elements for a successful legal and judicial system? How can the poor be given a voice for justice? These and other questions of universal concern are addressed in this book, which presents a selection of papers discussed at a global conference on comprehensive legal and judicial development.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

US Agency for International Development 2002, Guidance for Promoting Judicial Independence and Impartiality, USAID, Washington DC.
This guide seeks to promote understanding of the issues surrounding judicial independence. The guide is divided into three main parts. Following the introductory section, Section 2 describes the key processes and institutional arrangements affecting judicial independence, in both positive and negative ways. Section 3 comprises six regional and national studies including Latin America, Eastern Europe, Africa, France, Italy and the United States, that expand upon important differences in culture, history, and legal systems affecting judicial independence. Section 4 is composed of four papers on specific themes relevant to judicial independence.
Full document available online

Baar, C. 1999, 'The development and reform of court organization and administration', presented at the Public Administration and Development Jubilee Conference, Oxford University, 1999.
Judicial reform has become a popular agenda item with development assistance bodies. By 1998, the United States Agency for International Development (USAID) had committed over $200 million to justice projects. Judicial administration has emerged as a coherent field over the past thirty years. This paper seeks to answer whether its solutions can be successfully exported to the developing world by examining the most significant developments in judicial administration.
Full document available online

Dakolias, M. and Said, J. (eds) 1999, 'Judicial reform: a process of change through pilot courts,' World Bank Legal and Judicial Reform Series, World Bank, Washington DC.
Many developing countries are giving priority to judicial reform as a neccessary condition for encouraging new investment. Governments in Eastern Europe and Latin America realise that they cannot complete their economic reforms until they have made a corresponding change in laws and legal processes. This study by the World Bank assesses the progress of such pilot programmes in Colombia, Peru, Ukraine and Argentina.
Full document available online

Key texts: Traditional and informal justice systems

US Agency for International Development 1998, 'Alternative dispute resolution practitioners' guide', USAID, Washington DC.
(Full summary and ability to access document available shortly)

Thacker, R. et al 1998, 'Chapter 5: Traditional justice systems', in Petty, C. and Brown, M., Justice for Children: Challenges for Policy and Practice in Sub- Saharan Africa, Save The Children, London, pp. 83-101.
This chapter presents four case studies (from Lesotho, Angola, Ethiopia and New Zealand) that examine the issue of community justice; its potential for incorporation into a modern justice system; and its compatibility with international standards regulating juvenile justice and the principles enshrined in the UN Convention on the Rights of the Child.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Penal Reform International 2001, Access to Justice in Sub-Saharan Africa: The Role of Traditional and Informal Justice Systems, Penal Reform International, London.
Access to Justice in Sub-Saharan Africa examines the role played by informal and traditional justice systems regarding access to justice. Examples are provided from Sub-Saharan Africa, in addition to South Asia (India and Bangladesh).
Full document available online

Woodman, G. 1996, 'Legal pluralism and the search for justice: studying people's search for justice,' Journal of African Law, vol. 40, no.2.
The search for justice in states where legal pluralism exists raises debates on the principle patterns of legal ordering. The introduction of Western legal systems in African countries resulted in different social normative systems existing side by side. This results in legal pluralism. This Journal of African Law article considers the historical role of legal pluralism and its place in modern judicial systems.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service".

Key texts: Penal reform

Penal Reform International 1997, 'Community service in practice,' All Africa Conference, Zimbabwe 1997.
This study by Penal Reform International looks at the implementation of community service in Zimbabwe. It shows how the scheme can be managed in a way that is both highly effective in terms of cost to government and benefit to the community.
Full document available online

Tkachuk, B., 2001, 'International prison policy development instrument', International Centre for Criminal Law Reform and Criminal Justice Policy.
This detailed and comprehensive prison policy instrument, developed by the International Centre for Criminal Law Reform and Criminal Justice Policy, is a compilation of standards and policies from national and international sources and covers everything from the transfer of keys to dealing with transsexual inmates. Policies are based on the rule of law and national and international human rights standardsmostly UN standards, such as The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Full document available online

International Centre for Prison Studies, 'World Prison Brief,' International Centre for Prison Studies.
World Prison Brief is the first online resource to offer a comprehensive database of information on the prison systems of over 200 countries. Information currently available on the site includes: the prison population of each country, the prison population rate of each country, and the number of prisons, their official capacity and occupancy level. The site also contains statistics reflecting the numbers of unsentenced prisoners, juveniles and women in prison, and a database of contacts for penal agencies worldwide.
Full document available online

Penal Reform International 2001, Making Standards Work: An International Handbook on Good Prison Practice, Penal Reform International, London.
This manual lays down a road map for prison policy makes, prison staff, governmental agencies and non-governmental organisations who are concerned with prisoners to explain how the United Nations Standard Minimum Rules for the Treatment of Prisoners (SMR) can be translated into policy and practice. It draws on past views and experience relevant to improving prison conditions.
Full document available online

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