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.

Background

The inaccessibility of justice emerged as a global concern in the mid-20th century, highlighted by international human rights movements and post-colonial legal reforms. Its significance grew as studies revealed persistent barriers—economic, linguistic, and systemic—preventing marginalized populations from obtaining fair legal recourse. Landmark reports by organizations such as the United Nations and the World Justice Project have since documented the widespread nature of this issue, prompting ongoing international dialogue and targeted reform initiatives.

Incidence

Globally, millions of individuals face significant barriers to accessing justice, with the World Justice Project estimating in 2023 that over 5 billion people lack meaningful access to legal assistance or fair dispute resolution. This inaccessibility disproportionately affects marginalized groups, including women, minorities, and those living in poverty, and is prevalent in both developed and developing countries, undermining trust in legal systems and perpetuating cycles of inequality.
In 2022, in Nigeria, widespread reports highlighted that victims of police brutality and extortion were unable to seek redress due to prohibitive legal costs, corruption, and intimidation, leaving many without recourse or protection under the law.

Claim

The inaccessibility of justice is a grave and urgent crisis that undermines the very foundation of a fair society. When legal systems are out of reach for ordinary people—due to cost, complexity, or discrimination—inequality festers and the powerful act with impunity. Justice must not be a privilege for the few; it is a fundamental right. Ignoring this problem perpetuates suffering and erodes trust in our institutions. Immediate, sweeping reforms are essential.

Counter-claim

The so-called “inaccessibility of justice” is grossly exaggerated. Courts and legal resources are more available than ever, with free legal aid, online information, and public defenders. Most people who claim they can’t access justice simply don’t make the effort. The system is fair and open to all who genuinely seek it. Focusing on this non-issue distracts from real societal problems that deserve our attention and resources far more urgently.