illustration for the drivers of inequality

Driver Category 2.7

Unequal access to justice: lack of knowledge with regard to legal rights; unequal access to affordable and high-quality legal assistance and legal representation

This category covers a lack of understanding of rights which can affect reporting of crimes and the general understanding of rights and the justice system, this can mean that financially disadvantaged and less-educated people are less likely to enjoy legal security.

The ability to pay (personally or through legal aid) for good quality legal advice and adequate assistance from a qualified person is a key driver of unequal outcomes.

Policies and public expenditure to ensure all have equal access to independent, good quality legal advice and assistance is an important aspect covered in this category.

Guiding Questions

General questions

  • What is the scope of the concept of ‘fair trial’ in your country?
  • Is legal representation considered central to the right to a fair trial and an essential element of a fair, humane and efficient criminal justice system?
  • Are human rights standards in this area being met?
  • What policies are in place to ensure that legal aid is provided to those who cannot afford to pay for their own legal advice and representation?
  • What types of legal aid programmes exist to enhance access to justice for the poor and disadvantaged in relation to civil, criminal and family matters?
  • What policies are in place to ensure the government is enhancing the knowledge of its people about their rights and obligations under the law?
  • In particular what is being done to enhance people’s access to information about their justice system, its functions, ways to file complaints, their right to a legal defence and legal aid, and their access to alternative dispute resolution mechanisms?

Legal aid financing

  • What budget exists to enable the provision of legal aid?
  • Is legal aid provided via a public sector programme, publicly funded non-governmental / charitable programmes, or aid-funded programmes or by some other means?
  • Is there analysis available on whether legal aid financing is commensurate with the scale of the need for effective legal aid provision?
  • What is the coverage of legal aid schemes that are publicly financed?
  • Does the programme manage to provide legal aid services throughout the country, especially in rural and economically and socially disadvantaged areas?

Quality and nature of legal aid programmes

  • What analysis exists regarding the quality of the services provided?
  • Are the staff working within the national legal aid system properly trained and qualified?
  • Are clients provided with adequate legal advice, representation and protection via free legal aid programmes?
  • Is legal advice and assistance provided promptly at all the stages of the criminal process (including during police detention and questioning and pre-trial proceedings and hearings, as well as after trial to those imprisoned)?

Indicators

Potential indicators to monitor the drivers of inequalities in this main driver category

  • Number of cases supported by legal aid
  • % of legal aid cases which are publically funded
  • Number of cases where accused individuals litigate in person (by characteristics and whether civil, criminal or family matters)
  • Amount spent on resources and programmes designed to increase knowledge of legal rights
  • Salary of highest paid top 10% of lawyers/barristers relative to national median salary

Candidate Policies

To see related Candidate Policies in this main driver category please click here.