Publication: Access to Justice and Legal Empowerment : A Review of World Bank Practice
Loading...
Published
2009-11
ISSN
Date
2014-04-28
Author(s)
Editor(s)
Abstract
This paper reviews the World Bank's existing work in access to justice and suggests directions for further Bank engagement in this area. Accesses to justice efforts are grouped here into six categories: court reforms, legal aid, information dissemination and education, alternative dispute resolution, public sector accountability, and research. The paper is motivated in part by recent discussions of 'legal empowerment;' a thread of inquiry that runs through the review is: how do World Bank efforts to increase access to justice affect the agency of poor people? The paper concludes with insights and recommendations that emerge from the Bank's experience. All justice reform interventions should attend to particularities of sociolegal context, should consider the specific justice needs of poor people, and should be planned not in isolation, but from a system wide perspective. Legal services and legal aid interventions should confront the challenge of scale, should consider alternative methods of service delivery, and should in some cases take care to maintain at least partial independence from the state. The use of non-court dispute resolution mechanisms should be guided by the benefits achieved in cost, time, harmony, and fairness. Evaluations of access to justice programs should go beyond 'headcounts' to demonstrate impact on users of justice services as well as on society at large and to weigh opportunity cost.
Link to Data Set
Citation
“Maru, Vivek. 2009. Access to Justice and Legal Empowerment : A Review of World Bank Practice. Justice and development working paper series;no. 9. © http://hdl.handle.net/10986/18102 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Access to Justice : The English Experience with Small Claims(World Bank, Washington, DC, 2000-05)The note reviews England's experience on the potential of small claims procedures in expanding access to justice, which allow legal redress in situations where formal litigation would be too costly. But, while these procedures offer access to justice, they also illustrate the difficulties that informal dispute resolution mechanisms can pose. Advantages of small claims procedures reveal that most lay litigants favor informal hearings over formal courts processes, losing parties are not required to pay the costs of the winning parties, and, by and large, judges seem to be willing, and able to adapt to the informality of small claims hearings. Difficulties however address the inadequacies of preliminary legal advice in the absence of relevant evidence, or witnesses, as well as the wide variations in judges' approaches, who expressed different attitudes in the application of ordinary law in small claims. Moreover, both the undefined role of lawyers in informal hearings, and ineffective enforcement of judgments remain unclear, and problematic. It is suggested that if greater access to justice is the objective, the key is to design a civil justice system that provides costs, and procedures, realistically, and proportionately to the issue in dispute.Publication Sri Lanka : Justice Sector Review(Washington, DC, 2013-06)Improvement of the performance of the judiciary is an important part of a growth agenda for Sri Lanka as it moves to middle income country status. The present government has set ambitious targets to double gross domestic product (GDP) per capita by 2016 and has cited the need for a more efficient judicial sector as a means of reducing poverty. This is consistent with the broad historical evidence that a well-functioning judicial sector is the most effective long-term instrument for securing property rights and enforcing contracts, which in turn are critical factors for investment and commerce, and hence poverty reduction and economic growth. Sri Lanka ranks 133rd in the 2013 doing business's sub-index on enforcement of contracts, a level that is comparable to other South Asian countries but lower than other middle income comparators such as Thailand (ranked 23rd) and Malaysia (ranked 33rd). Identifying the contributing factors to inefficiency in Sri Lanka's courts in hearing commercial cases is the main purpose of this review. The findings in the report are based on available statistics on court performance and interviews with key stakeholders in the justice sector. The report is structured as follows: chapter one gives introduction, chapter two gives organization and management of the courts, chapter three gives data on case handling in courts, chapter four deals with private sector approaches to dispute resolution, chapter five focuses on legal and procedural issues in commercial cases, chapter six gives past reform efforts, and chapter seven gives conclusions and recommendations.Publication In Search of Success : Case Studies in Justice Sector Development in Sub-Saharan Africa(World Bank, 2010-06-01)The World Bank, Department for International Development (DFID) and other donors have long been engaged in legal and judicial reform in sub-Saharan Africa in such areas as legal drafting, strengthening court administration, judicial training, and the empowerment of citizens through a better understanding of the legal system. This has often been done on an ad hoc basis with only limited review of other reform efforts in the region. In order to foster a more responsive approach to justice sector development programs, a collection of case studies was commissioned. One of the more daunting tasks was identifying notable justice sector developments or reforms, which offered specific impacts and which could be examined through both a desk review and field research. Independent of the funding source, the evidence base was not only limited but revealed a need for donors themselves to invest in better data collection, which could then be analyzed and measured against benchmarks or objectives such as improved access to justice. There is a significant need to review and learn from experiences, including controversial ones, in Africa's justice sectors. These case studies are not homogenous largely because their subjects vary and span a wide array of developments that reflect the realities of the region. Each story stands alone and is in no particular order. In the final chapter, the conclusions offered in each story are digested into ideas for future actions. The collection also represents a modest range of stories and it is to be hoped that other cases will be identified and shared. A comparison of experiences of sector-wide programs (SWAPs), for example, could help both donors and governments enhance socio-economic impact. It should be noted that the emphasis in this report is on providing information about positive directions in justice sector development and the ways in which lessons learned might be applied to achieve greater impact in the future. The anticipated value of this collection is that some of the conclusions or actions may be taken up and used to contribute to improvements by those committed to improving the rule of law in sub-Saharan Africa and is in search of 'success'.Publication Examining the Effectiveness of Legal Empowerment as a Pathway Out of Poverty : A Case Study of BRAC(World Bank, Washington, DC, 2014-01)This paper examines the current status of justice and dispute-resolution mechanisms in Bangladesh, ranging from the formal justice system to the traditional shalish (a form of dispute resolution), and focuses on the costs and benefits of utilizing nongovernmental organization (NGO)-led legal services programs as an alternative form of justice delivery and dispute resolution for the poor, with a focus on women and girls. In particular, this paper takes a closer look at a the Human Rights and Legal Aid Services (HRLS) program of BRAC, a leading NGO that works to empower the poorest and most vulnerable in Bangladesh and eleven other countries across the world. HRLS provides a combination of Bangladesh Rural Advancement Committee (BRAC)-led shalish, human rights community based education, community mobilization through a corps of community-based outreach workers (known as shebikas), and recourse to the courts via a network of panel lawyers if needed. This paper will examine the successes of this model in rural Bangladesh as well as the challenges it faces in making an impact on solving the justice problems of the poor and contributing to gender equity. Ultimately, it aims to present a case study that illustrates the strengths and challenges of a legal empowerment model that is quickly gaining traction around the world.Publication Cross Country Comparison of Regional Mechanisms for Delivery of Free Legal Assistance(Washington, DC, 2014-01)This report provides comparative analysis of different delivery models of Free Legal Aid (FLA) in Montenegro, Bosnia and Herzegovina (Brcko), Lithuania, Croatia and Slovenia. The field work and data collection was conducted from November to December 2013. The survey was funded by the Multi Donor Trust Fund for justice sector support, established with generous contributions from the European Union (EU) delegation in Serbia, United Kingdom Department for International Development, the Swedish International Development Cooperation Agency, Norway, Denmark, the Netherlands, Slovenia, Spain, and Switzerland.
Users also downloaded
Showing related downloaded files
Publication Morocco Economic Update, Winter 2025(Washington, DC: World Bank, 2025-04-03)Despite the drought causing a modest deceleration of overall GDP growth to 3.2 percent, the Moroccan economy has exhibited some encouraging trends in 2024. Non-agricultural growth has accelerated to an estimated 3.8 percent, driven by a revitalized industrial sector and a rebound in gross capital formation. Inflation has dropped below 1 percent, allowing Bank al-Maghrib to begin easing its monetary policy. While rural labor markets remain depressed, the economy has added close to 162,000 jobs in urban areas. Morocco’s external position remains strong overall, with a moderate current account deficit largely financed by growing foreign direct investment inflows, underpinned by solid investor confidence indicators. Despite significant spending pressures, the debt-to-GDP ratio is slowly declining.Publication Europe and Central Asia Economic Update, Spring 2025: Accelerating Growth through Entrepreneurship, Technology Adoption, and Innovation(Washington, DC: World Bank, 2025-04-23)Business dynamism and economic growth in Europe and Central Asia have weakened since the late 2000s, with productivity growth driven largely by resource reallocation between firms and sectors rather than innovation. To move up the value chain, countries need to facilitate technology adoption, stronger domestic competition, and firm-level innovation to build a more dynamic private sector. Governments should move beyond broad support for small- and medium-sized enterprises and focus on enabling the most productive firms to expand and compete globally. Strengthening competition policies, reducing the presence of state-owned enterprises, and ensuring fair market access are crucial. Limited availability of long-term financing and risk capital hinders firm growth and innovation. Economic disruptions are a shock in the short term, but they provide an opportunity for implementing enterprise and structural reforms, all of which are essential for creating better-paying jobs and helping countries in the region to achieve high-income status.Publication Digital Africa(Washington, DC: World Bank, 2023-03-13)All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.Publication Business Ready 2024(Washington, DC: World Bank, 2024-10-03)Business Ready (B-READY) is a new World Bank Group corporate flagship report that evaluates the business and investment climate worldwide. It replaces and improves upon the Doing Business project. B-READY provides a comprehensive data set and description of the factors that strengthen the private sector, not only by advancing the interests of individual firms but also by elevating the interests of workers, consumers, potential new enterprises, and the natural environment. This 2024 report introduces a new analytical framework that benchmarks economies based on three pillars: Regulatory Framework, Public Services, and Operational Efficiency. The analysis centers on 10 topics essential for private sector development that correspond to various stages of the life cycle of a firm. The report also offers insights into three cross-cutting themes that are relevant for modern economies: digital adoption, environmental sustainability, and gender. B-READY draws on a robust data collection process that includes specially tailored expert questionnaires and firm-level surveys. The 2024 report, which covers 50 economies, serves as the first in a series that will expand in geographical coverage and refine its methodology over time, supporting reform advocacy, policy guidance, and further analysis and research.Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.