Advancing Access to Justice: Importance and Challenges – Melisa Sejdiu
This essay was written as part of the competition ”Access to Justice: Importance and Challenges”, within “Raising Citizens’ Awareness and Trust in Justice System Institutions” project, in partnership with the Center for Advanced Studies – FIT, supported by the European Union Office in Kosovo.
By: Melisa Sejdiu
“Justice delayed is justice denied,” a phrase attributed to William E. Gladstone, states an obvious truth: the absence of access to justice puts the very core of humanity at risk. However, for millions of people worldwide, legal systems continue to be a maze of territorial, social, and economic, obstacles that make real justice nothing more than an unachievable dream. Although legal systems are intended to protect human rights, resolve disputes and ensure fairness, they often come with a lot of problems. These problems create a legal barrier between the people and their access to justice. However, its importance cannot be overstated. Access to justice plays a crucial role in establishing the rule of law, because it puts the theory of fundamental human rights into practice.
The obstacles people face when accessing justice are numerous, but they can be categorized into three main groups: legal barriers, geographic barriers, and social and economic barriers. Legal barriers encompass a wide range of issues, including a lack of legal literacy, which is crucial for access to justice. As noted by the Council of Europe (2019), while legal literacy is recognized as an essential element of access to justice, there is insufficient data on how well individuals are aware of their rights and the mechanisms for protecting them. The complex processes along with the specialized terminology and technical rules tend to be difficult to nagivate for the average person. In addition to the complexity of legal processes, geographic barriers present another important challenge. For individuals living in remote or rural areas, access to justice and legal resources is often limited or unavailable. Depending on their access to transportation and whether they reside in an urban or rural region, people are affected by court distance and journey time in different ways. Due to their restricted mobility, fewer options for transportation, and financial limitations, women are frequently faced with more difficulties. The lack of childcare facilities in the area also makes it more difficult for women to pursue justice. Access to specialized courts, such as those that handle cases involving domestic or family abuse, is made even more challenging for people living in rural areas because these courts are usually found in urban areas.
While geographic barriers create challenges to accessing justice, they are often mulitplied by broader social and economic challenges. Financial limitations make it more difficult for many people, especially those from poor or marginalized groups, to access legal resources, which promotes an endless cycle in which access to justice is restricted by both geographic and economic disadvantages. According to the International Bar Association (2015), poverty contributes to and is a consequence of justice system failures. Low-income and marginalized groups are disproportionately affected by inadequate funding and insufficient resources in justice systems because they frequently lack the financial means to overcome these structural problems. Denying people in poverty equal access to justice makes it harder for them to exercise their economic and social rights, including their rights to property and labor, making them more prone to exploitation. In addition, issues like discrimination, minimal literacy and restricted access to information have a connection to poverty, making it even more difficult for vulnerable individuals to access justice fairly. In conclusion, it is certain that people encounter numerous challenges when trying to access justice. There is reason for hope, however, as current reforms and future changes can reduce these barriers and eventually enable individuals to more effectively exercise their rights.
Reforms have been introduced to address these challenges. Transparency in judicial proceedings plays a crucial role in public trust and accountability in the legal system aswell. Finland, for example, implemented the Act on the Publicity of Court Proceedings in 2007, which ensures that court proceedings and trial documents are open to the public, except in certain circumstances. This law includes provisions for protecting sensitive information, such as issues concerning personal health or security, while still promoting openness. Similarly, international projects like the EUKOJUST initiative in Kosovo focus on enhancing transparency and harmonizing legal frameworks. Technology is also playing a huge role in making justice more accessible. Online Dispute Resolution (ODR) is an example of how digital platforms enable people in remote or poor areas to resolve legal disputes without going to court. This method reduces costs and simplifies the process, benefiting marginalized communities. Furthermore, legal education and public awareness are key to overcoming these barriers. By informing individuals of their rights, public legal education programs help people engage with the legal system and defend their rights effectively.
In summary, even though many people still consider access to justice to be an unrealistic goal, its significance in protecting equality and fairness cannot be denied. Legal, geographical, and financial barriers are significant yet manageable. A more inclusive court system where everyone can exercise their rights is possible in the future due to ongoing improvements in legal education, technology, and transparency.