ENGLISH

Legal Needs Surveys and Access to Justice

By Organisation for Economic Co-Operation and Development.; OECD; Open Society Foundations

Book information

Year
2019
ISBN
9264309527, 9789264309524
Language
english
Format
PDF
Filesize
9 MB (9159908 bytes)
Pages
100\212
Time added
2020-05-05 19:35:30

Description

This report offers an empirical tool to help planners, statisticians, policy makers and advocates understand people's everyday legal problems and experience with the justice system. It sets out a framework for the conceptualisation, implementation and analysis of legal needs surveys and is informed by analysis of a wide range of national surveys conducted over the last 25 years. It provides guidance and recommendations in a modular way, allowing application into different types of surveys. It also outlines opportunities for legal needs-based indicators that strengthen our understanding of access to civil justice. Foreword Acknowledgements Executive summary Why legal needs surveys? A framework for conducting legal needs surveys Towards meaningful access to justice indicators Overview of legal needs surveys and access to justice Inclusive development and access to justice Purpose of this document Structure of this document Notes References Chapter 1. Access to Justice and Legal Needs Surveys Defining access to justice and legal needs Understanding the dimensions of access to justice and legal needs What are legal needs surveys? Why conduct legal needs surveys? Limits of legal needs surveys What have we learned from legal needs surveys? Prevalence of justiciable problems Inequality of problem experience Impact of justiciable problems and problem clustering Problem resolution and barriers to justice Building a global picture Inclusive process Impacts of legal needs surveys Target populations and methodological variations among past legal needs surveys Target populations of past legal needs surveys Methodological features and variations Notes References Chapter 2. Framework for Conducting Legal Needs Surveys Legal needs surveys in context “Justiciable” problems Framing legal needs surveys: Defining the subject matter The range of justiciable problems Levels of detail Exclusion of “trivial” problems Business related problems Crime victimisation and offending Problem seriousness The broader impact of justiciable problems Abstract problem seriousness scales Units of measurement Community problems Legal needs survey reference periods Problem resolving behaviour Sources of help Information, advice and representation Seeking, contacting and receiving Help from family, friends and the other party Reference to “legal” help Help obtained on behalf of respondents A complete picture of problem resolving behaviour Process Types of process Contact with process bodies, process initiation and participation Detail and specificity Use of technical language and use of examples Whether and how justiciable problems have concluded Whether or not problems have concluded Manner of problem conclusion Perceptions of process and outcome Defining the subject matter of process questions The cost of resolving justiciable problems Types of cost “Free” services and financial support Legal capability and legal empowerment Generic aspects of legal capability Measuring legal need and unmet legal need Consistency of approach and the comparability of legal needs survey findings A framework for asking questions: survey structure A modular survey approach Sub-samples Notes References Chapter 3. Model Questions, Model Structure and Short-Form Illustrative Questionnaire Model core legal needs survey questions Problem identification (‎Annex A; Figure ‎A.1) Problem seriousness (‎Annex A; Figure ‎A.2) Problem impact (‎Annex A; Figure ‎A.3) Identifying sources of help (‎Annex A; Figure ‎A.4; Figure ‎A.5; Figure ‎A.6) Process (‎Annex A; Box ‎A.1) Residual problem resolving behaviour (‎Annex A; Figure ‎A.7) Fact and manner of conclusion (‎Annex A; Figure ‎A.8 and Figure ‎A.9) Reasons for advice not being obtained (‎Annex A; Figure ‎A.10) The cost of justiciable problem resolution (‎Annex A; Figure ‎A.12) Legal capability (‎Annex A; Figure ‎A.13) Finding out problem start and end dates Beyond core questions Legal needs surveys: additional topics of investigation From questions to questionnaire Illustrative short-form legal needs survey questionnaire Notes References Chapter 4. Legal Needs Surveys and Access to Justice Indicators Multidimensionality of access to justice Principles for defining access to justice indicators Objectives Form Subject matter Process Using legal needs-based access to justice indicators National and thematic indicators Global indicators Limits of legal needs surveys revisited The path ahead Notes References Annex A. Annotated Model Core Legal Needs Survey Questions Annex B. Illustrative Longer-Form Legal Needs Survey Questionnaire Annex C. Topics included in Legal Needs Surveys to date Annex A. Annotated Model Core Legal Needs Survey Questions Annex B. Illustrative Longer-Form Legal Needs Survey Questionnaire Annex C. Topics included in Legal Needs Surveys to date

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