This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised groups, women particularly encounter serious barriers to access to justice in society. Furthermore, it discusses the notion of legal empowerment and the significance of this for the realisation of access to justice for vulnerable groups, especially women in disadvantaged communities. This is followed by the discussion on the experience of the Dullah Omar Institute in providing legal empowerment training for women in informal settlements in Cape Town and some of the, important lessons from this process. It concludes by making useful recommendations in ensuring access to justice for vulnerable women in informal settlements.
African Charter on Human and Peoples’ Rights adopted by the Organisation of African Union (OAU) in 1981 entered into force on 21 October 1986.
2.
African Commission on Human and Peoples’ Rights Resolution on the Right to Recourse and Fair Trial in Africa adopted at the Eleventh Ordinary Session, in Tunis Tunisia, 2–9 March 1992. The African Commission on Human and Peoples’ Rights, meeting in its Eleventh Ordinary Session, in Tunis Tunisia, 2–9 March 1992.
3.
African Commission on Human and Peoples’ Rights Resolution on the Right to a Fair Trial and Legal Assistance in Africa (the Dakar Declaration and Recommendations at its 26th Ordinary Session, held in Kigali, Rwanda, 1–15 November 1999.
4.
Agenda 2063 is a set of initiatives proposed and currently under implementation by the African Union adopted on 31 January 2015 at the 24th Ordinary Assembly of the Heads of State and Governments of the African Union in Addis Ababa.
5.
AlexandraP (2010) Rebellion of the poor: South Africa’s service delivery protests – a preliminary analysis. Review of African Political Economy37(123): 25–40.
BalogunV (2020) Access to justice for the poor: lessons from working with rural communities. In: DurojayeEMukundi-MirugiG (eds) Exploring the Link Between Poverty and Human Rights in Africa. Pretoria: Pretoria University Press, pp. 241–254.
8.
CarmonaMSDonaldK (2015) Beyond legal empowerment: improving access to justice from the human rights perspective. The International Journal of Human Rights19(3): 242–259.
Commission on Legal Empowerment of the Poor and United Nations Development Programme (2008) Making the Law Work for Everyone. New York: United Nations Development Programme.
13.
Danish Institute for Human Rights and East Africa Law Society (2011) Access to Justice and Legal Aid in East Africa – Comparative Report. Copenhagen: Danish Institute for Human Rights.
14.
DugardJ (2008) Courts and the poor in South Africa: a critique of systemic judiciary failure to advance transformative justice. South African Journal on Human Rights24: 214–238.
15.
DurojayeEAdeniyiONgangC (2018) Access to justice as a mechanism for the enforcement of the right to development. In: NgangCKamgaSDGumedeV (eds) Perspectives on the Right to Development. Pretoria: Pretoria University Press.
16.
European Union (2016) Barriers, remedies and good practices for women’s access to justice in five eastern partnership countries. Available at: https://rm.coe.int/16806b0f41 (accessed 24 October 2020).
17.
GibbsMSLachenmeyerJRSigalJ (eds) (1980) Community Psychology: Theoretical and Empirical Approaches. New York: Gardiner.
18.
GoodwinLMaruV (2017) What do we know about legal empowerment? Mapping the evidence. Hague Journal on the Rule of Law9: 157–194.
19.
GolubS (2003) Working Papers Beyond Rule of Law Orthodoxy: The Legal Empowerment Alternative. Washington: Carnegie Endowment for International Peace.
20.
GwangudiMI (2002) Problems militating against women’s access to justice in Nigeria. University of Maiduguri Law Journal5: 13–14.
21.
International Covenant on Civil and Political Rights, adopted 16 December 1966, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 March 1976) [hereinafter ICCPR].
22.
International Covenant on Economic, Social and Cultural Rights, adopted 16 December 1966, preamble, G.A. Res. 2200A (XXI), U.N. GAOR, Supp. No. 16, U.N. Doc A/6316 1966.
23.
JagannathM (2011) Barriers to women’s access to justice in Haiti. CUNY Law Review15: 27–52.
24.
KamgaSD (2015) The principle of equality, legal aid and transformative constitution in South Africa: a critical analysis. South African Journal of Human Rights31: 607–630.
25.
NanimaRDurojayeE (2019) Paying Lip Service to Access to Justice?: A Review of African Countries’ Voluntary National Reviews on SDG 16.3 to the High Level Political Forum on SDGs. Cape Town: Dullah Omar Institute, University of Western Cape.
26.
NobleNL (2018) The Paralegal and the Right of Access to Justice in South Africa. LLD Thesis, Faculty of Law University of the Western Cape.
27.
McQuioid MasonD (1999) Access to justice in South Africa. Windsor Yearbook of Access to Justice17: 230–246.
28.
Organisation for Economic Co-operation and Development (OECD) (2016) Towards Inclusive Growth – Access to Justice: Supporting People-Focused Justice Services. Paris: OECD.
PascoeP (2016) Legal Need’ and Legal Needs Surveys: A Background Paper. England: East Sussex.
31.
Penal Reform International (2000) Access to Justice in sub-Saharan Africa: The Role of Traditional and Informal Justice Systems. London: Penal Reform International.
32.
Protocol to the African Charter on the Rights of Women in Africa (2003) adopted by the African Union (AU) entered into force on 27 November 2005.
33.
Report by the UN Secretary General (2009) to the UN General Assembly on Legal Empowerment of the Poor and Eradication of poverty (A/64/133).
34.
ResickP (1984) The trauma of rape and the criminal justice system. The Justice System Journal9: 52–61.
35.
SekyereEGordonSPienaarG, et al. (2020) Is South Africa winning the war against inequality? What do the statistics tell us? In: DurojayeEMukundi-MirugiG (eds) Exploring the Link Between Poverty and Human Rights in Africa. Pretoria: Pretoria University Press, pp. 33–58.
36.
Statistics South Africa (2019) Five facts about poverty in South Africa. Available at: http://www.statssa.gov.za/?p=12075 (accessed 24 October 2020).
37.
SueSZaneN (1980) Learned helplessness theory and community psychology. In: GibbsMSLachenmeyerJRSigalJ (eds) Community Psychology: Theoretical and Empirical Approaches. New York: Gardiner, pp. 121–143.
38.
Sustainable Development Goals (SDGs) are a collection of 17 global goals adopted by the United Nations General Assembly on 15 September 2015 designed to be a ‘blueprint to achieve a better and more sustainable future for all’.
The Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa and Plan of Action adopted at the second Pan-African Conference on Prison and Penal Reform in Africa, held in Ouagadougou, Burkina Faso between 18–20 September 2002.
41.
The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa and Plan of Action Adopted at a Conference on Legal Aid in Criminal Justice: the Role of Lawyers, Non-Lawyers and other Service Providers in Africa Lilongwe, Malawi, 22–24 November 2004.
42.
UN Human Rights Committee (HRC) General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32.
43.
UN Department of Economic and Social Affairs (2015) The World’s Women 2015: Trends and Statistics. New York: UN Department of Economic and Social Affairs.
44.
United Nations Development Programme (2004) Access to Justice: Practice Note. New York: United Nations Development Programme.
45.
United Nations Development Programme (2013) Strengthening Judicial Integrity Through Enhanced Access to Justice: Analysis of the National Studies on the Capacities of the Judicial Institutions to Address the Needs/Demands of Persons with Disabilities, Minorities and Women. New York: UNDP.
46.
Universal Declaration of Human Rights (1948) Art. 1, G.A. Res. 217A (III), U.N. Doc. A/810.
47.
United Nations General Assembly (2012) adopted the Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems by unanimous consent in Resolution A/RES/67/187.
48.
United Nations Women (2011) In Pursuit of Justice, Progress of the World’s Women 2011-2012. New York: UN Women.
49.
United Nations Women (2018) A Practitioners Toolkit on Women’s Access to Justice Programming. New York: UN Women.
ZimmermanMA (2000) Empowerment theory: psychological, organizational and community levels of analysis. In: RappaportJSeidmanE (eds) Handbook of Community Psychology. New York: Kluwer Academic, pp. 34–63.
52.
ZimmermanMAZahniserJH (1991) Refinements of sphere-specific measures of perceived control: development of a socio-political control scale. Journal of Community Psychology19: 189–204.
53.
ZurcherLA (1970) The poverty board: some consequences of ‘maximum feasible participation’. Journal of Social Issues26: 85–107.
