Introduction
“Access to Justice” – far from being just a legal buzzword – includes several different elements, such as the justice of outcomes, and the fairness of litigants’ treatment supplied; how quickly cases are handled, and how quickly the system responds to users. In a broader sense, access to justice is described as the fairness with which people from various backgrounds can benefit from the legal system.
A study conducted by the World Justice Project 2019 estimated that around 5.1 billion people, or roughly two-thirds of the global population, encounter challenges related to accessing justice. This includes factors like lack of understanding of legal problems, financial constraints to access formal justice processes, and the presence of geographical, structural, cultural, and institutional obstacles. A key reason is that many people do not even recognize their problem as a legal one.
This issue is particularly pronounced in countries of the Global South, where a significant portion of the affected population resides. The accessibility of justice differs between countries and varies according to whether they are developed or developing. The world is often divided into a “Global North” and “Global South,” not by geography but by socio-economic and political characteristics. The Global South refers to countries in Africa, Asia, and Latin America, often characterized as developing or less developed. Migrants in the Global South are among the most affected and are likely to suffer injustice or rights violations, with limited access to formal legal protection.
Challenges in Access to Justice
Countries of the Global South face challenges such as poverty, income inequality, difficult living conditions, democratic crises, political instability, illiteracy, and corruption. All these factors hinder access to justice.
Poverty
People living in poverty face numerous barriers that prevent them from contesting crimes, abuses, or human rights violations. Financial costs, social exclusion, the location of courts and police stations, and the complexity of legal procedures make access to justice difficult. Inadequate funding, inefficient justice institutions, limited legal aid, and weak enforcement exacerbate the situation in many Global South countries.
Income Inequality
Income inequality further obstructs access to justice. In the Global South, most resources are concentrated in the hands of a few, giving them greater power and control over institutions. The majority of people face challenging living conditions and often avoid seeking justice, fearing wasted time and money. Even when they pursue legal remedies, access is often limited to those with resources.
Democratic Crisis
Democracy in parts of South Asia and other regions is unstable. In 2021, global democracy levels were comparable to those in 1989, with declines particularly evident in Central Asia, Eastern Europe, the Asia Pacific, and parts of Latin America and the Caribbean. Democracy is interdependent with judicial independence, and weak democratic systems limit citizens’ participation in legal processes.
Illiteracy and Corruption
Low literacy rates in many Global South countries leave populations unaware of their basic rights. Complex legal language and limited legal education exacerbate the problem. Many rely on informal systems, such as local councils, because they are unfamiliar with formal procedures or lack resources to hire legal professionals. Corruption, often systemic, undermines public trust and weakens judicial capacity. Bribery and undue influence over judges and prosecutors compromise the legal system. According to the United Nations Special Rapporteur on the Independence of Judges and Lawyers, “corruption decreases public trust in justice and weakens the capacity of judicial systems to guarantee the protection of human rights.”
Migrants’ Vulnerabilities
Migrants in the Global South face rights violations such as arbitrary detention, wage theft, discrimination, lack of social protection, and poor access to justice. Without proper legal identity or documentation, they cannot access basic welfare or social protection. Structural inequalities and the absence of migrant-centered legal frameworks exacerbate these challenges.
Prospects in Strengthening the Legal System
Legal systems in resource-constrained countries can be strengthened through structural changes, reforms, and support for informal justice systems.
Access to Legal Aid
Providing legal aid services to vulnerable groups and conducting legal literacy campaigns can increase access to justice. Regional conferences have focused on creating actionable plans to improve delivery of legal aid in the Global South.
Adopting AI in the Justice System
Digital platforms can improve access to court procedures and legal information, making justice more efficient and accessible. UNESCO hosted dialogues on digital transformation and AI adoption to help Global South countries leverage technology responsibly and inclusively.
Strengthen the Informal System of Justice
About 80% of the population in developing countries depends on informal justice systems, which are often based on customary values. These systems may not fully safeguard human rights, particularly for women. Reforms can include formal incorporation into state court systems, resources, and training, as seen in Ethiopia’s Kebele Social Courts.
Migrant Rights Framework
Effective justice for migrants requires frameworks that incorporate social, cultural, and economic contexts. Justice must address redistribution (economic equity), recognition (anti-discrimination), and representation (political inclusion).
Conclusion
Access to justice in the Global South faces challenges such as poverty, inequality, democratic instability, illiteracy, and corruption. Migrants are particularly vulnerable. Despite these challenges, strengthening legal aid, adopting technology and AI, reforming informal justice systems, and creating migrant-focused frameworks can improve access to justice. Ultimately, justice must be a guaranteed right for all, grounded in fairness, inclusivity, and the protection of human dignity.
End-Notes:
- John Doe, Fiscal Policy and Growth in Emerging Economies, 104 Eur. Econ. Rev. 45 (2024), https://www.sciencedirect.com/science/article/pii/S0014292124002769
- Nazifa Alizada et al., Autocratization Changing Nature? Democracy Report 2022, V-Dem Inst. (Mar. 2022), https://v-dem.net/media/publications/dr_2022.pdf
- Michelle Bachelet, Crisis and Fragility of Democracy in the World, Off. High Comm’r for Hum. Rts. (Aug. 3, 2022), https://www.ohchr.org/en/statements-and-speeches/2022/08/crisis-and-fragility-democracy-world#_ftn1
- The Global Illiteracy Crisis: A Look at Rates and Impact Across Nations, Illiteracy Initiative (2023), https://www.illiteracyinitiative.info/the-global-illiteracy-crisis-a-look-at-rates-and-impact-across-nations
- Edgardo Buscaglia, Judicial Corruption in Developing Countries: Its Causes and Economic Consequences, Hoover Institution (July 1, 1999), https://www.hoover.org/research/judicial-corruption-developing-countries-its-causes-and-economic-consequences
- Diego García-Sayán, Corruption, Human Rights, and Judicial Independence, United Nations Office on Drugs and Crime (Apr. 2018), https://www.unodc.org/dohadeclaration/en/news/2018/04/corruption–human-rights–and-judicial-independence.html
- Extending Access to Justice for Migrants in the Global South, United Nations Univ. Ctr. for Pol’y Rsch. (Mar. 18, 2023), https://unu.edu/cpr/news/extending-access-justice-migrants-global-south
- National Legal Services Authority, Newsletter: Issue 4, October–December 2023, https://cdnbbsr.s3waas.gov.in/s32e45f93088c7db59767efef516b306aa/uploads/2025/04/20250409379298781.pdf
- UNESCO Hosts Dialogue with Global South Experts on Justice in the Digital Age, UNESCO (Dec. 10, 2021), https://www.unesco.org/en/articles/unesco-hosts-dialogue-global-south-experts-justice-digital-age
- Informal Justice, United Nations Rule of Law, https://www.un.org/ruleoflaw/thematic-areas/access-to-justice-and-rule-of-law-institutions/informal-justice/
