The diagnosis phase of this project benefitted from an adapted version of the United Nations Development Programme (UNDP) model survey for SDG 16.3.3 purposes (UNDP, 2022[1]). The adapted legal needs survey followed a concise format to accommodate the scope and scale limitations of this project. The 2022 Portugal LNS was therefore an enhanced version of the UNDP model, and extended to cover a limited number of additional issues. The survey was adapted to the particular circumstances of Portugal and followed the underlying principles developed for a comprehensive legal needs survey model published in the 2019 OSJI-OECD report (OECD/Open Society Foundations, 2019[2]).
The main methodological enhancements to the UNDP model incorporated in the LNS questionnaire for this project are as follows:
Adding in pathways question(s). SDG 16.3.3 concerns the ratio between those people experiencing a legal problem and those who obtain a service to resolve that problem (UNDP, 2023[3]). This focuses on problem resolution and the mechanism for achieving that does not necessarily reveal insights into the intermediate steps someone may take to get advice, information or assistance along the way before problem resolution. Comprehensive legal needs surveys in other jurisdictions over many years have revealed that people commonly follow pathways involving a number of people or organisations to assist along the way. For this survey we have added a question in relation to whether the person experiencing the problem obtained information, advice or representation to help them better understand or resolve the problem. While this is still limited in its scope, this question provided some additional insight into the pathways people may take.
Crime and criminal process. While SDG 16.3.3 relates primarily to civil and family law matters, as this was a stand-alone legal need survey for this project it was important to capture some insight in relation to the incidents of and responses to criminal matters. For this survey we have added crime and criminal process options in the general legal problems question.
Online complaints and dispute resolution options. The UNDP model places little emphasis on online channels for dispute resolution. While many justice systems are still in the early days of establishing online dispute resolution (ODR) mechanisms, as societies and economies become increasingly digital some justice systems and the private sector have started implementing such mechanisms (OECD, forthcoming[4]). For this survey then we have added in an option with stronger emphasis on “online third-party complaints or dispute resolution mechanisms such as provided by commercial services (e.g. eBay, Uber Eats, Amazon, etc.)”. While this is still limited in its scope, this question provided some additional insight on the use of ODR in Portugal. The prevalence of such processes is significant and likely growing, and thus deserves further attention and perhaps a more focused survey.
Fairness and understanding. For this survey, two additional questions were asked in relation to the fairness of the process and the outcome, and in relation to respondents’ understanding of their rights and responsibilities, and their ability to get information to assist them to understand their rights and responsibilities.
Impact on the person. An important element of many legal needs surveys is to get insight into the impact that particular legal problems have upon the person. For this survey, we have added in a question to assess the impact respondents may have experienced following a legal problem.
Awareness. An important feature of people-centred justice systems is whether people are aware or will readily become aware of where they can go for assistance and resolution when confronted by a legal problem. Awareness of existing legal and justice services is an important element in identifying whether a person understands justice pathways when confronting a legal problem. For this survey, we have added in two questions to get some insight about levels of awareness of available services. The first question was unprompted to assess general awareness, and the second was prompted by referring to names and roles of specific justice organisations and related institutions. Again, while this is still limited in its scope to assess people’s awareness of justice pathways, these two questions enabled useful insights.
The LNS had 1 500 respondents, with a sample stratified randomly by year of birth, gender, education level, region (Portugal mainland NUTS 2 – Regional Co-ordination Commissions and Autonomous Regions) and disability, following the 2022 population estimates of the Portuguese National Statistics Institute (INE) (INE, 2022[5]). The identification of disability for the sample was based on social benefits granted to nationals and foreigners, refugees and stateless persons legally residing in Portugal and who have a disability resulting in a degree of incapacity equal to or greater than 60%. – ±124,000 individuals).
The data was collected through computer-assisted telephone interviewing (CATI). Telephone numbers were randomly generated, and distributed in a rate of 65% for mobile calls and 35% for landline calls. Response rate of calls was 42%. In order to reach a sample of 1 500 respondents, 9 778 people were called. With a sample size limited to 1 500 respondents, the survey did not allow to yield much insight at a disaggregated level, such as by different community or age groups, and different regions.