Apr 24, 2008

Microjustice as a solution for the poor?

In developing countries, many people do not have effective access to justice to protect their rights. Taking the cue from microfinance, Maurits Barendrecht (TILEC and Intervict) and Patricia van Nispen (International Legal Alliances) introduce the concept of 'Microjustice' in their TILEC discussion paper as an approach to tackle this issue. As a starting point, people with limited resources pay relatively more for services than wealthier people, since they often purchase small amounts of services. For the authors, this implies that current first-world approaches to the provision of justice need to be adapted to large markets with low-budget consumers. If this can be achieved, there should be a viable and effective market for justice for poorer persons. The authors point to a large untapped potential for innovation in current justice systems. They explore which principles may be used to develop innovative legal services for those with limited resources, and give examples of what 'Microjustice' might look like. What is needed in particular are new forms of delivery of neutral interventions, by trustworthy and independent decision makers, who have the necessary incentives to be transparent, induce cooperation between their clients, and serve clients at the low end of the market.