Too far removed from the people: access to justice for the poor: the case of Latin America
Given the importance assigned to social and participatory rights in Latin American constitutions, it may seem surprising that the poor find it so difficult assert them. This paper discusses access to justice for the poor in Latin American countries. It takes its cue from the ‘Latin American legal paradox’, namely that provisions for economic and social rights are generously incorporated into the legal framework of most countries - yet they score poorly in terms of accommodating those rights for the poor.
Among the problems faced by the poor when seeking redress through the court system are:
- lack of information
- high costs
- corruption
- excessive formalism
- fear and mistrust
- inordinate delays
- geographical distance
While acknowledging the significance of these obstacles the author goes on to discuss the structure of judiciaries, deliberately insulated from the populace. The document points to the lack of representation on the bench of significant minorities especially the underprivileged and to the fact that the judiciary is basically a ‘reactive’ institution, which has frustrated social activism through its rulings. The final part of the paper reviews ‘informal’ mechanisms of justice at the local level and the gradual acknowledgement of such approaches by formal legal institutions.
[adapted from the author]
