Legal Needs Surveys and Access to Justice by OECD and Open Society Foundations

Author:OECD and Open Society Foundations
Language: eng
Format: epub
Tags: development/socialissues/governance
Publisher: OECD Publishing
Published: 2019-05-30T00:00:00+00:00

Notes

← 1. For general guidance see, for example, Groves et al. (2009) and Wolf et al. (2016). For guidance in the context of developing and transition countries see, for example, UN Department of Economic and Social Affairs (2005). For guidance in the context of justice see, for example, Himelein et al. (2010).

← 2. See, for example, Webster’s New World College Dictionary.

← 3. See, for example, Pleasence and Balmer (2012b) and Pleasence et al. (2015, 2017).

← 4. As Genn (1997, p. 159) states, “For many people the law is the criminal law.” Similar ideas were apparent in the findings of focus groups run in connection with the 2010 Legal Capacity of the Ukrainian Population survey. One legal expert is reported to have said that “During the Soviet period people felt ashamed of going to courts. They believed that courts only deal with criminals” (Kobzin 2011, p. 73).

← 5. 24 of 50 surveys for which details are available eschewed legal terminology in their introduction.

← 6. The difficulties involved in translating technical terms were evident in the case of the 2012 Georgian survey, about which it was observed, “at the initial stage of the survey, there was a problem of finding a Georgian term corresponding to the English ‘justiciable event’ that would be appropriate in the Georgian judiciary environment and clear to the public at large. After intensive consultations with experts, it was decided to use the term ‘სამართლებრივი პრობლემა’” (Institute of Social Studies and Analysis 2012, p. 53).

← 7. 35 of 51 surveys for which information is available.

← 8. For example, in the case of the English and Welsh Civil and Social Justice Survey, problem descriptions were reviewed by lawyers working in the relevant fields, as well as being subjected to cognitive testing. In the case of the earlier Paths to Justice surveys, additional qualitative research was also undertaken to explore “the terminology used by the public when referring to ‘justiciable events’” (Genn 1999, p. 16).

← 9. 51 surveys in total.

← 10. 49 of 51 surveys for which details are available.

← 11. Mirroring this, these problems have tended to be asked about only in jurisdictions with a relatively low gross domestic product (GDP) (at purchasing power parity) per capita, as detailed in the International Monetary Fund’s World Economic Outlook Database, October 2016. In the case of land, there were notable exceptions in the cases of Japan, New Zealand and the United Arab Emirates.

← 12. The 2012 Tajikistan also asked about justiciable problem experience without reference to any problem categories or examples.

← 13. Or even in a booklet setting out a full list of problems, as in the case of the 2017 iteration of the World Justice Project’s General Population Poll.

← 14. See, for example, Groves et al. (2009) and Schaeffer and Presser (2003).

← 15. This practice also limits multiple counting of single problems. To avoid double counting, surveys have often adopted the practice, when asking about a series of problem types, of requesting that only problems that have not already been mentioned should be reported.

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