Yet, gaps in empirical data and evidence on people’s justice needs and on access remain. Addressing these gaps can provide the evidence to support the transformation of justice systems. Accessible and responsive justice systems can also support other public institutions in addressing global challenges including climate change, criminal transboundary networks, tax avoidance and evasion, to take a few.
Access to justice
Rule of Law and access to justice play crucial role in restoring trust, ensuring respect of democratic values and supporting an inclusive recovery. Citizens expect equal access to justice, in line with the Riga Justice Agenda, which focused on developing an integrated and interdisciplinary justice response to present and future global crises. The key role of access to justice is recognised to enable democracies to deliver on people’s expectations, as improving access to justice is a key part of accessible government, in line with the SDG Agenda to leave no one behind.
Key messages
The work on indicators will also deepen the measurement of people-centred access to justice, in line with the SDG target 16.3, to understand whether justice systems are truly delivering what people need, the outcomes achieved for clients and how they experience justice and legal care.
Our work in this area helps policymakers have a better understanding of ‘what works’ in justice policy, planning and service delivery initiatives. Our analysis looks at the ways in which various people and business can resolve their dispute resolution problems, including relying on alternative dispute resolution mechanisms. Our analysis focuses on disadvantaged groups, including elderly, children, micro, small and medium enterprises, indigenous, racial and ethnic minorities. We also review how countries can leverage the use of technology, data and innovation in promoting access to justice.
Context
Access to justice focuses on enabling meaningful participation in the justice system
On average, OECD countries scored 0.65 out of a maximum of 1 points in the accessibility and affordability of civil justice dimension of the 2022 World Justice Project (WJP) Rule of Law index, an increase of 0.03 points since 2016. The Netherlands (0.79), Denmark (0.78), and Germany (0.77) had the highest scores. The most significant increases were in Estonia (0.08 points), Denmark, Finland, Sweden and Türkiye (+0.07 each) (Figure 3.16). Scores fell in the United Kingdom (-0.04), the Czech Republic, Mexico (-0.02 each) and Chile (-0.01).
An independent judicial system is key to ensuring a fair resolution of cases.
Pressure on judges can come from outside the judicial system (e.g. the government or media) or from within, from peers or superiors (e.g. a court president annulling the ruling of a judge in their court without due process) (ENCJ, 2014). In 2022, on average, OECD countries scored 0.72 out of a maximum of 1 points for freedom from improper government influence (Figure 3.18). The highest scores are for Ireland (0.95), Norway (0.94), Denmark (0.91) and Finland (0.89), and the lowest for Türkiye (0.19), Hungary (0.34), Mexico (0.42) and Poland (0.62). The OECD average fell by 0.03 points between 2016 and 2022. Some countries slightly improved their scores since 2016, including Belgium, France (0.03 points each), New Zealand, Sweden, Estonia (0.02 each) and Greece and Spain (0.01 each) but 12 countries experienced a decrease.
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