The importance of Access to Justice.

Measuring access to justice is tricky because people see it in many different ways. Despite this, there's a push, inspired by goals like SDG16, to gather more data on what access to justice really looks like today. This effort has faced challenges, as the data we have isn't always easy to compare. It's vital to figure out exactly what we should be measuring and how, to get a clear picture of access to justice worldwide. ​ Opening up data in the justice sector is key for making things more transparent and fighting corruption. By measuring access to justice, we aim to make the flow of justice more visible, promoting accountability and transparency in a sector often held back by conservative values and a lack of accountability. These efforts focus on identifying where access to justice is lacking, evaluating legal systems' performance, and ensuring reforms make a real difference. For example, the World Justice Project creates an annual Rule of Law Index, looking at 128 countries across several factors to understand better where gaps exist. This includes estimating the "justice gap," which they define as people with at least one unmet justice need, affecting an estimated 5.1 billion people.

Exploring diverse "pathways to justice" represents a shift from the traditional, narrowly defined access to legal channels towards a broad spectrum of avenues enhancing justice access. Supporting these pathways allow more people to access justice, creating more justice equity. Some of these pathways include: ​ Traditional Pathways: Depend on licensed legal professionals within a regulated framework, often criticised for elitism and inaccessibility. Informal Pathways: Provide alternative solutions like community mediation and paralegal services to bypass the barriers of the traditional system. Emerging Pathways: Harness technology and innovation to bridge justice gaps, making legal help more accessible. Pathways to Peace: Concentrate on resolving conflicts through non-adversarial means. Social Justice Lawyering: Focus on advocating for social justice and equity, emphasising the role of legal professionals in societal change. Advancing access to justice goes beyond reforming legal systems; it involves empowering individuals to actively participate in the legal landscape, fostering societal engagement and legislative evolution. This empowerment ensures justice reform is not only about efficiency and accessibility but also about creating societal stability through trust in legal institutions.

Access to justice is a cornerstone of good governance and sustainable development,[1] underpinned by Section 9 of the South African Constitution,[2] which enshrines equality and anti-discrimination to ensure equal justice for all. It aligns with the United Nations Sustainable Development Goal 16, advocating for transparent and accessible justice at all levels.[3] Such aspirations necessitate a comprehensive reform of the justice system to cater to every individual, irrespective of socioeconomic status, through legal remedies, protection, and the evaluation of dispute resolution mechanisms.[4] ​ However, the reality of justice access in South Africa is complicated by numerous barriers, including poverty, marginalisation, gender bias, and racial discrimination.[5] These barriers expose people to varying degrees of injustice.[6]It is further compounded by issues like limited legal awareness, inadequate legal aid, and delays in justice administration, all of which hinder the theoretical accessibility of justice.[7] ​ Given these challenges and the crucial role of justice in empowering individuals to challenge injustices and partake in legal processes, there is a pressing need for a critical reassessment of the prevailing assumptions about access to justice.[8] This revaluation is essential, especially considering the high levels of inequality that affect South Africans’ experiences with justice.