This study defines the right to access to justice as "a persons' ability to seek and obtain fair and effective responses for the resolution of conflicts, control of abuse of power, and protection of rights, through transparent processes, and affordable and accountable mechanisms." These mechanisms must be responsive to social needs, and must be sensitive to cultural, linguistic, and gender issues.

This study analyses both the social demand for justice and the supply of justice services. The social demand for justice arises from three social needs: (1) conflict resolution, (2) control of the abuse of power, and (3) protection of individual and social rights. From any of these needs arise justiciable events, events that can be presented to a third party for resolution according to the law, customary law, equity, or negotiation of interests. Justice services are supplied by individuals or organisations to resolve issues arising from the social demand for justice. These justice services may or may not be regulated by law.

Respect for the right to access to justice requires democratic institutions, good governance and social accountability of justice institutions. This is the basis used to evaluate whether the supply of justice services satisfies the social demand for justice under human rights standards. Recommendations for improving access to justice are obtained from assessing the areas that fail to satisfy the social demand for justice. Better access to justice, as part of a democratic reform, requires the participation of citizens.

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Chapter 1 (4 Mb)

Chapter 2 (1.3 Mb

Chapter 3 (2.9 Mb)

Chapter 4 (2.8 Mb)

Annex 1 (1.2 Mb)

Annex 2 (1.3 Mb)

Annex 3 (188 Kb)

Annex 4 (702 Kb)

Annex 5 (1.5 Mb)