An Empowerment Model for Access to Justice: The IDLO Report

In the first week of February 2013, the International Development Law Organization released a fascinating report entitled "Accessing Justice: Models, Strategies and Best Practices on Women's Empowerment". This report is the culmination of field research that was designed to determine which strategies are most useful for improving women's ability to access justice in their respective countries.

In many countries there is a state legal system that is based on either a civil code or jurisprudence in the form of a common law system. These systems are often ones that have been adopted from a former colonial administration or have developed contemporaneously with the nation state. However prior to the development of the nation state or the imposition of colonial law, disputes were resolved through a system of customary law that functioned at a more local level. In many countries customary law is recognized alongside a state legal system, though not always. Customary law is often very community-based and community-conscious in the sense that peace in the community may prevail over the assertion of individual human rights. The system is also often more familiar to those who engage with it and does not require significant resources in order to obtain a result.

The important and interesting thing about the IDLO examination of access to justice is that it does not only focus on the state justice system. It acknowledges the fact that women in developing countries often engage with the customary legal system because of its familiarity and its relative efficiency. IDLO does not disparage the customary system; rather it acknowledges its strengths and weaknesses while looking for windows of access that can be strengthened. IDLO also looks for ways the ensure the protection of universal human rights at the local level.

This approach is nuanced and avoids adopting an outsiders' gaze or judgement. It looks at what exists, what is working and what needs improvement, and it looks for ways to strengthen those practices which work well for women. It also does not base its analysis upon an artificial polarity between the state legal system and the customary system such that the customary system is seen as antithetical to human rights. The ability to see the strength in customary law practices allows for acknowledgement and support of indigenous legal systems which are part of a larger self-determination effort.

As someone very interested in windows of empowerment and tools for overcoming alienation, this report on access to justice for women is of vital interest. Please check it out!