Inaccessibility of justice

Unequal access to the law
Lack of access to justice

Nature

Wealthy litigants are in a position to hire expensive lawyers whose experience, skill and gravitas are perceived are recognized as contributing to a favourable outcome of the trial for their clients. Less wealthy litigants are far less able to sustain any losses resulting from what are termed the risks of litigation; an unsuccessful outcome can lead to financial ruin. With such prospects, even those of moderate wealth tend to be discouraged from engaging in litigation, whether or not there is a reasonable chance of success. Wealthy litigants are well placed to engage in bullying tactics once litigation has commenced, notably by increasing the scale and cost of litigation. Legal aid schemes are unable to compensate for the many advantages of the wealthy litigants, especially since such aid when available tends to be restricted to certain population groups engaging in certain kinds of litigation only.

Incidence

According to the World Justice Project’s Rule of Law Index 2023, over 5 billion people—approximately two-thirds of the global population—lack meaningful access to justice for civil, administrative, or criminal problems. The incidence is particularly acute in low- and middle-income countries, but significant barriers persist even in high-income nations, with marginalized groups disproportionately affected. Common obstacles include prohibitive costs, complex procedures, and insufficient legal aid.
In 2021, in Nigeria, the Lagos State Judiciary reported that over 70% of detainees in the state’s prisons were awaiting trial, some for several years, due to systemic delays and lack of access to legal representation.

Claim

The inaccessibility of justice is a profound crisis that undermines the very foundation of our democratic society. When legal systems are shrouded in complexity, cost, and geographical barriers, countless individuals are denied their fundamental rights. This inequity breeds despair, perpetuates poverty, and erodes trust in institutions. Justice should not be a privilege for the few but a universal right. We must urgently address this issue to ensure that every voice is heard and every wrong is righted.

Counter-claim

The notion of "inaccessibility of justice" is overstated and often exaggerated. Many legal resources are available online, and pro bono services exist for those in need. The real issue lies in individuals' unwillingness to seek help or navigate the system. Society has made significant strides in democratizing legal access, and focusing on this so-called problem distracts from more pressing issues like education and economic inequality. Justice is accessible; it’s the effort that’s lacking.