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Abstract This paper presents the results of a scoping review that examines the extent to which legal empowerment has been used as a strategy in efforts to improve access to quality health services in low- and middle-income countries. The review identifies lessons learned regarding legal empowerment program strategy, as well as impact on health empowerment and health outcomes, research gaps, areas of consensus and tension in the field. The review included three main sources of data: 1) peer-reviewed literature, 2) grey literature, and 3) interviews with key legal empowerment stakeholders. Peer-reviewed and grey literature were identified via keyword searches, and interviewees were identified by searching an organizational database and snowball sampling. The key findings were: first, there is very limited documentation on the use of legal empowerment strategies for improving health services. Second, the legal empowerment approach tends to be focussed on issues that communities themselves prioritize, often narrowly defined local challenges. However, legal empowerment as a strategy that pursues collective and individual remedies has the potential to contribute to structural change. Third, for this potential to be realised, legal empowerment entails building capacity of service providers and other duty bearers on health and related rights. Finally, the review also highlights the importance of trust—trust in state institutions, trust in the paralegals who support the process and trust in the channels of engagement with public authorities for grievance redress. Several gaps also became evident through the review, including lack of work on private health providers, lack of discussion of the ‘empowerment’ effects of legal empowerment programs, and limited exploration of risk and sustainability. The paper concludes with a caution that practitioners need to start with the health challenges they are trying to address, and then assess whether legal empowerment is an appropriate approach, rather than seeing it as a silver bullet.

This paper presents the results of a scoping review that examines the extent to which legal empowerment has been used as a strategy in efforts to improve access to quality health services in low- and middle-income countries. The review identifies lessons learned regarding legal empowerment program strategy, as well as impact on health empowerment and health outcomes, research gaps, areas of consensus and tension in the field. The review included three main sources of data: 1) peer-reviewed literature, 2) grey literature, and 3) interviews with key legal empowerment stakeholders. Peer-reviewed and grey literature were identified via keyword searches, and interviewees were identified by searching an organizational database and snowball sampling. The key findings were: first, there is very limited documentation on the use of legal empowerment strategies for improving health services. Second, the legal empowerment approach tends to be focussed on issues that communities themselves prioritize, often narrowly defined local challenges. However, legal empowerment as a strategy that pursues collective and individual remedies has the potential to contribute to structural change. Third, for this potential to be realised, legal empowerment entails building capacity of service providers and other duty bearers on health and related rights. Finally, the review also highlights the importance of trust—trust in state institutions, trust in the paralegals who support the process and trust in the channels of engagement with public authorities for grievance redress. Several gaps also became evident through the review, including lack of work on private health providers, lack of discussion of the 'empowerment' effects of legal empowerment programs, and limited exploration of risk and sustainability. The paper concludes with a caution that practitioners need to start with the health challenges they are trying to address, and then assess whether legal empowerment is an appropriate approach, rather than seeing it as a silver bullet. [ABSTRACT FROM AUTHOR]

The ancestral groups of the Colombia, historically have experienced and resisted activities of resource extractivism, today suffer a more sophisticated level of this long and uninterrupted process: cultural extractivism. The research results that are visible in this reflection article address a global characterization with local impact of the trend called biopiracy. For this reason, it is intended to analyze with the methodologies of legal hermeneutics, the category of bioprospecting of unconventional knowledge of ancestral groups; the global panorama and the new socio-legal realities that this mega trend is provoking are also pointed out. [ABSTRACT FROM AUTHOR]

Abstract Background Legal empowerment and social accountability are two strategies that are increasingly used to address gaps in healthcare in low- and middle-income countries, including failure to provide services that should be available and poor clinical and interpersonal quality of care. This paper is an explanatory case study of a legal empowerment effort that employs community paralegals and trains Village Health Committees (VHCs) in Mozambique. The research objective was to explore how community paralegals solved cases, the impact paralegals had on health services, and how their work affected the relationship between the community and the health sector at the local level. Methods The case study had two components: (1) a retrospective review of 24 cases of patient/community grievances about the health system, and (2) qualitative investigation of the program and program context. The case reviews were accomplished by conducting structured in-depth interviews (IDIs) with those directly involved in the case. The qualitative investigation entailed semi-structured Key Informant Interviews (KIIs) with district, provincial, and national health managers and Namati staff. In addition, focus group discussions (FGDs) were held with Health Advocates and VHC members. Results Case resolution conferred a sense of empowerment to clients, brought immediate, concrete improvements in health service quality at the health facilities concerned, and seemingly instigated a virtuous circle of rights-claiming. The program also engendered incipient improvements in relations between clients and the health system. We identified three key mechanisms underlying case resolution, including: bolstered administrative capacity within the health sector, reduced transaction and political costs for health providers, and provider fear of administrative sanction. Conclusions This study contributes to the limited literature regarding the mechanisms of legal empowerment case resolution in health systems and the impact of hybrid legal empowerment and social accountability approaches. Future research might assess the sustainability of case resolution; how governance at central, provincial, and district level is affected by similar programs; and to what extent the mix of different cases addressed by legal empowerment influences the success of the program.

Abstract Background All around the world, the paralegal program prepares members of marginalized communities to face the legal system. Having a common background with their clients and being capable of conducting flexible work, paralegals’ role moves beyond enlarging the beneficiaries of legal aid to addressing intersectional issues around health-related rights. This study assesses the health and other impacts of paralegals recruited by Lembaga Bantuan Hukum Masyarakat (LBHM), a human rights organization which provides legal assistance and operates in Jakarta, Indonesia. The positive results these paralegals can bring in the specific context can contribute to the development of community-based paralegals elsewhere. Methods This mixed methods research was carried out in 2016–2018. In 2016, a quantitative survey was administered to LBHM-trained paralegals and a sub-set of paralegals who completed the survey were then also interviewed. Quantitative data were analysed using SPSS, and, for the qualitative data, thematic analysis was conducted. Results The paralegals make important contributions to health-related rights in four distinct ways. Firstly, most of the paralegals checked their clients’ health in all stages of detention, especially regarding their drug dependency status and checking for signs of torture. Secondly, paralegals help clients to be more aware of their health-related rights, especially regarding their rights to obtain health services inside detention. Thirdly, paralegals can ensure that their clients obtain health services by taking medicines directly to the clients or encouraging the law enforcement agencies to refer the clients to health services. Lastly, in drug cases, paralegals help their clients to obtain alternative sentences besides imprisonment. Conclusions These four contributions verify the positive impacts paralegals, recruited from marginalized communities, can deliver for community members facing criminal justice processes. The shifting role of paralegals from merely an intermediary between clients and lawyers to champions of the health-related rights of their clients can happen as a result of adequate training, support, and networks with other agents in criminal justice system.

This study offers a contribution to the literature on access to justice and legal empowerment. It presents findings from qualitative empirical legal research and explores how obtaining access to justice contributes to conflict resolution. Fifty-four in-depth interviews were conducted with victims of domestic violence who had obtained access to the Public Prosecutor's Office of the City of Buenos Aires (Argentina) with a domestic violence complaint. The study found that these victims benefitted from obtaining access to justice even when this did not directly achieve resolution of their conflict. The benefits were related to the actions taken by legal organisations contributing to their own perceptions of being agents capable of making decisions. [ABSTRACT FROM AUTHOR]

Many Muslim converts in Malaysia are not well-informed of their rights and the legal implications of conversion to Islam. Implementing legal pluralism, particularly the different sets of personal laws that apply to Muslims and non-Muslims, sends the converts, their non-Muslim families, and the religious authorities into bitter legal battles whenever an individual converts to Islam. Furthermore, as religious institutions currently offer no legal literacy program, some Muslim converts are unclear regarding the course of action they should take whenever legal issues are involved, especially from the aspects of identity change; civil marriage dissolution; matrimonial properties distribution; child custody and guardianship; determination of child's and the deceased's religion; and inheritance and derivative pension distribution. Therefore, this research explores Muslim converts' perspectives on the need for and development of legal literacy regarding rights and legal implications of conversion to Islam. This study employed in-depth semi-structured interviews with 9 participants who were all Muslim converts. Each interview was transcribed verbatim, and the data were analysed with NVIVO software based on a thematic approach. The research found that all participants unanimously agreed to empower Muslim converts with legal literacy, considering many are not well-informed of the legal implications of conversion to Islam, despite it directly affecting their personal lives, family dynamic, and the multicultural society in Malaysia. [ABSTRACT FROM AUTHOR]

This article intends to contribute to the current academic and policy debate on the values of determining whether a particular human rights violation was caused by a corrupt behavior; and to defend a human rights-based approach to corruption, based on its added socio-legal values. With this purpose, it analyzes and compares the legal reasoning and socio-legal dynamics of three human rights court cases involving and not involving corruption. By applying a directed content analysis combined with a socio-legal interpretative technique, the study explores and compares the rationality and the values addressed in both corrupt and non-corrupt cases. The results reveal that there are interconnected and mutually reinforcing socio-legal values in applying a human rights lens to combating corruption: (i) it is an improvement towards the justiciability of economic and social rights; (ii) it is a change of paradigm from the insufficient criminal approach to a focus on the social harm; and (iii) it is a more satisfactory approach to the overlapping harmful effects of corruption and inequality. The combination of these values can be used as a legal empowerment strategy, with a particular social accountability dimension, in order to strengthen the disadvantaged, and fight the encroachment caused by corruption on the enjoyment of human rights, especially economic and social rights.

Sri Lanka's long civil war (1983–2009) resulted in large-scale personal, physical and social trauma and a high number of deaths. Furthermore, many people became disabled due to the war. Disabled people in Sri Lanka have often been marginalized and excluded from the public sphere. Whilst there are initiatives to support disabled people from both the State and Non-Governmental Organisations, support often adopts a charity-based approach which has been criticised for contributing to marginalisation and the dependency of disabled people on others. Performing Empowerment (2016–18) was a research project that responded to this context by seeking to examine whether combining dance workshops with human rights education might lead to greater legal empowerment for disabled people in Sri Lanka. In this paper, I reflect on the experiences of five Tamil women who took part in the project, outlining how they gained confidence and rights awareness which enabled them to self-advocate and make changes to their everyday lives, demonstrating increased legal empowerment. I argue that this change arose in part through different forms of performance that they experienced within the workshops, which enabled a series of transportations from their daily lives. [ABSTRACT FROM AUTHOR]

Background: Legal empowerment and social accountability are two strategies that are increasingly used to address gaps in healthcare in low- and middle-income countries, including failure to provide services that should be available and poor clinical and interpersonal quality of care. This paper is an explanatory case study of a legal empowerment effort that employs community paralegals and trains Village Health Committees (VHCs) in Mozambique. The research objective was to explore how community paralegals solved cases, the impact paralegals had on health services, and how their work affected the relationship between the community and the health sector at the local level.Methods: The case study had two components: (1) a retrospective review of 24 cases of patient/community grievances about the health system, and (2) qualitative investigation of the program and program context. The case reviews were accomplished by conducting structured in-depth interviews (IDIs) with those directly involved in the case. The qualitative investigation entailed semi-structured Key Informant Interviews (KIIs) with district, provincial, and national health managers and Namati staff. In addition, focus group discussions (FGDs) were held with Health Advocates and VHC members.Results: Case resolution conferred a sense of empowerment to clients, brought immediate, concrete improvements in health service quality at the health facilities concerned, and seemingly instigated a virtuous circle of rights-claiming. The program also engendered incipient improvements in relations between clients and the health system. We identified three key mechanisms underlying case resolution, including: bolstered administrative capacity within the health sector, reduced transaction and political costs for health providers, and provider fear of administrative sanction.Conclusions: This study contributes to the limited literature regarding the mechanisms of legal empowerment case resolution in health systems and the impact of hybrid legal empowerment and social accountability approaches. Future research might assess the sustainability of case resolution; how governance at central, provincial, and district level is affected by similar programs; and to what extent the mix of different cases addressed by legal empowerment influences the success of the program. [ABSTRACT FROM AUTHOR]

Background: All around the world, the paralegal program prepares members of marginalized communities to face the legal system. Having a common background with their clients and being capable of conducting flexible work, paralegals' role moves beyond enlarging the beneficiaries of legal aid to addressing intersectional issues around health-related rights. This study assesses the health and other impacts of paralegals recruited by Lembaga Bantuan Hukum Masyarakat (LBHM), a human rights organization which provides legal assistance and operates in Jakarta, Indonesia. The positive results these paralegals can bring in the specific context can contribute to the development of community-based paralegals elsewhere. Methods: This mixed methods research was carried out in 2016–2018. In 2016, a quantitative survey was administered to LBHM-trained paralegals and a sub-set of paralegals who completed the survey were then also interviewed. Quantitative data were analysed using SPSS, and, for the qualitative data, thematic analysis was conducted. Results: The paralegals make important contributions to health-related rights in four distinct ways. Firstly, most of the paralegals checked their clients' health in all stages of detention, especially regarding their drug dependency status and checking for signs of torture. Secondly, paralegals help clients to be more aware of their health-related rights, especially regarding their rights to obtain health services inside detention. Thirdly, paralegals can ensure that their clients obtain health services by taking medicines directly to the clients or encouraging the law enforcement agencies to refer the clients to health services. Lastly, in drug cases, paralegals help their clients to obtain alternative sentences besides imprisonment. Conclusions: These four contributions verify the positive impacts paralegals, recruited from marginalized communities, can deliver for community members facing criminal justice processes. The shifting role of paralegals from merely an intermediary between clients and lawyers to champions of the health-related rights of their clients can happen as a result of adequate training, support, and networks with other agents in criminal justice system. [ABSTRACT FROM AUTHOR]

Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda. [ABSTRACT FROM AUTHOR]

This article intends to contribute to the current academic and policy debate on the values of determining whether a particular human rights violation was caused by a corrupt behavior; and to defend a human rights-based approach to corruption, based on its added socio-legal values. With this purpose, it analyzes and compares the legal reasoning and socio-legal dynamics of three human rights court cases involving and not involving corruption. By applying a directed content analysis combined with a socio-legal interpretative technique, the study explores and compares the rationality and the values addressed in both corrupt and non-corrupt cases. The results reveal that there are interconnected and mutually reinforcing socio-legal values in applying a human rights lens to combating corruption: (i) it is an improvement towards the justiciability of economic and social rights; (ii) it is a change of paradigm from the insufficient criminal approach to a focus on the social harm; and (iii) it is a more satisfactory approach to the overlapping harmful effects of corruption and inequality. The combination of these values can be used as a legal empowerment strategy, with a particular social accountability dimension, in order to strengthen the disadvantaged, and fight the encroachment caused by corruption on the enjoyment of human rights, especially economic and social rights. [ABSTRACT FROM AUTHOR]

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are often embedded in gendered land tenure relations. This article argues that paralegals can be effective actors in women’s legal empowerment where they are able to work as leaders, negotiating power relations and resisting the forms of violence that women encounter as obstacles to justice. Paralegals’ authority will be realised when their role is situated within community leadership structures, confirming their authority while preserving their independence. [ABSTRACT FROM AUTHOR]

Summary Citizen-based accountability strategies to improve the lives of the poor and marginalized groups are increasingly being used in efforts to improve basic public services. The latest thinking suggests that broader, multi-pronged, multi-level, strategic approaches that may overcome the limitations of narrow, localized successes, hold more promise. This paper examines the challenges and opportunities, in theory and practice, posed by the integration of two such citizen-based accountability strategies—social accountability and legal empowerment. It traces the foundations of each of these approaches to highlight the potential benefits of integration. Consequently it examines whether these benefits have been realized in practice, by drawing upon five cases of organizations pursuing integration of social accountability and legal empowerment for health accountability in Macedonia, Guatemala, Uganda, and India. The cases highlight that while integration offers some promise in advancing the cause of social change, it also poses challenges for organizations in terms of strategies they pursue. [ABSTRACT FROM AUTHOR]

World governments have embraced 'legal empowerment' as an end in itself and as an essential element in the fight against poverty. Civil society groups work to advance legal empowerment around the globe but, to date, there is not a comprehensive understanding of the impact of those efforts. This article offers the first review and mapping of existing evidence on legal empowerment. We identified and analyzed 199 studies in total. These studies span every major continent and address a wide range of legal empowerment interventions, such as legal literacy, community-based paralegals, and use of right to information laws. The breadth and richness of this body of work suggest we should revisit previous perceptions that there is little evidence on what legal empowerment can achieve. Stronger agency-both people's willingness to act and actual action-as well as increased legal knowledge are the most common positive impacts reported in this collection of evidence. The evidence also suggests legal empowerment programs can lead to acquisition of legal remedies, effective conflict resolution, and even improvements in health and education outcomes. Nearly ninety studies find positive impacts of legal empowerment programs on institutions-changes in law, policy or practice at various levels of administration. After exploring distributions and trends in the evidence, the article concludes by identifying gaps and questions for further inquiry to guide future research and, ultimately, promote stronger, more evidence-based practice. [ABSTRACT FROM AUTHOR]

Background: Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP) has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. Objectives: To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD) addresses those measures. Methods: Critical literature review of empirical studies and a checklist assessment of the CRPD. Results: Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights). Conclusions: Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard.

Although there is a growing acknowledgment that the resolution of conflict and the resolution of situations of displacement are inseparable and that both require the engagement of displaced populations, refugees continue to be largely excluded from meaningful participation in peace processes and transitional justice initiatives. Using a dignity-based conceptual framework, this article asserts that it is critical that we recognize refugees as rights-bearing actors capable of exercising agency within the transitional process. To this end, this account explores the important role that meaningful engagement of the refugee communities in transitional justice can play in the process of repatriation and reconciliation. Given the potential benefits of participation in protecting individuals from instrumentalisation and domination by powerful actors, legal empowerment of refugees is proposed here as a potential strategy for ensuring that the needs and interests of refugees and refugee communities are acknowledged and addressed within transitional justice processes and in the context of refugee return. [ABSTRACT FROM AUTHOR]

Women empowerment mainly emphasizes on participation of women in all aspects of life; economic, social, cultural, political, legal, and psychological. This research examined the impact of ready-made garment industry on women empowerment considering 12 garment companies located in Gazipur district of Bangladesh by applying the feminist theories of economics and liberal feminism. A sample of 360(response rate is 88.33%) women workers has been used for this study. Analysis indicated that the relationship between RMG industry and women empowerment has found to be positive while not all the factors exhibited statistical significance but most of the factors exhibited statistical significance. Current study has also found that women workers of RMG industry are well capable of performing their duties in-line with their male counterparts and have significantly changed their societal status. Current study has depicted that Liberal Feminism is strongly present in the RMG industry of Bangladesh because most of the female workers have achieved affordable healthcare, affordable childcare, reduced sexual harassment, voting right, education, equal pay for equal work, and reduced domestic violence. Therefore, the conclusion is that RMG industry has positive impact on women empowerment. Sexual harassment, job satisfaction, discrimination in wages, satisfactory work environment for women etc. are the most important issues that need to be focused in order to empower women. The prospect is significant and needs to be maintained by the combined actions from individuals, families, societies, an. governments. [ABSTRACT FROM AUTHOR]

Establishing human rights benchmarks for a rigorous engagement with informal justice systems and plural legal orders has become a significant concern for the United Nations. Through resolutions of the General Assembly, attention has been drawn to ensuring that legal systems reflect cultural diversity and within the domain, especially of indigenous peoples' rights, importance has been placed on securing and recognizing these distinct legal, socio-political, and cultural institutions because of their role as viable, accessible, affordable, and culturally relevant forms of dispute resolution. The UN Human Rights Committee has also observed that there should be interaction and reconciliation between formal and informal justice systems. This determination to engage with informal justice systems has also extended to the work of UN agencies such as UNDP, UN Women, and UNICEF who recognize that rule of law promotion must be responsive to the realities of countries where reform is to be undertaken, and should be carried out by focusing on developing bottom up approaches to reform. This paper responds to the increasing engagement with informal justice systems and a global audit culture by proposing a framework for evaluation that is reflective of these realities. [ABSTRACT FROM AUTHOR]

Summary This paper looks at the concept of law and urban development with a focus on property rights and land, exploring the potential collective rights in the public domain to underpin a more equitable approach to the management of public space and challenge inappropriate regulation that criminalizes the lives of the poor. The focus is on street trade and the informal economy. The hypotheses are that: collective use rights extend to public land and are crucial to the livelihoods of the urban poor; such use provides public good as well as private profit, and legal traditions in sub-Saharan Africa can often accommodate the broad definition of rights entailed. The literature review interrogates debates on property rights, legal empowerment, and public space, to suggest that urban public space should be considered as a common resource where open access remains. Fieldwork draws on comparative studies of Dakar, Senegal, and Dar es Salaam, Tanzania, based on in-depth interviews with street traders and key informants, and a legal review in each city. The findings suggest very different trajectories in each city. In Dakar collective action with political support has created space for dialog, while in Dar es Salaam lack of solidarity among traders meant that evictions were uncontested. In both cities the balance between public and private gain was moderated through complex social processes to create the hybrid space of the street, defined here as a ‘collective pool resource’. Finally the paper explores bundles of rights that might include access and beneficial use but with collective management to establish such a ‘collective pool resource’. Thus the paper challenges the usual conception of the public domain as state land, to recognize the collective claim for the street that is core to the operation of urban informal economies. [ABSTRACT FROM AUTHOR]

There are often large gaps between providing information on legal rights and the actual use of that information in women's daily lives. Clinical psychologists from the Arab Renaissance for Democracy and Development - Legal Aid devised joint psychosocial legal awareness training sessions to empower women through culturally sensitive assertiveness skills training, so they could make better practical use of legal rights information. Training of trainers sessions were held with Family Guidance Awareness Center lawyers and social workers, who conducted an anecdotal study with women from the community of Zarqa, Jordan to verify two different methods. The first method involved conducting both legal awareness and a psychosocial session on the same day. The second method, utilised modules, both legal and psychosocial, spread over the course of two days. Quotes from participants strongly suggest that women are able to make better use of legal information if provided with a supportive, skills based psychosocial session as an adjunct, it also suggested that it is likely that longer information and longer psychosocial training sessions (method 2) result in the best outcomes, so long as there is a sufficient break between sessions to overcome fatigue. However, before more widespread implementation of these methods, we recommend more longitudinal research, specifically focused on testing for unintended negative consequences, seeing how well changes can be generalised to fit into women's everyday lives, and how well they last over time. [ABSTRACT FROM AUTHOR]

For many observers, state-building in Timor-Leste has overlooked and undermined local norms and governance practices, resulting in a potentially destabilising distance between citizens and the state. The emerging state justice system has been singled out for imposing inaccessible and alien institutions onto a population that has historically fought to retain its identity. Nonetheless, viewing access to justice as central to development and peace, local and international organisations continue to work to aid the equitable and swift resolution of disputes. Drawing upon qualitative fieldwork that examined a recent legal aid and paralegal programme, this article argues that some of these efforts are addressing earlier criticisms through the creation of practical hybrids; practices that use both imported and existing social norms to fulfill their clients' needs. However, the article concludes that such programmes should identify opportunities to introduce checks and balances that can further protect the vulnerable groups. [ABSTRACT FROM AUTHOR]

This article explores one aspect of India's attempts to address its access to justice dilemma through the establishment of district-level consumer fora. Data points are extracted from 1,400 cases nationwide to piece together a portrait of the input and output of these institutions. The data collected include: win/loss rates; time from filing to decision; presence of attorneys (and their effects on win/loss rates and time from filing to decision); amounts of damages and costs awarded; and types of cases filed. In the end, this sampling of cases, combined with observations and interviews, led to several broad conclusions—that access to justice is increased but not for the marginalized or poor; that the consumer fora are severely underused; and that they are highly localized institutions leaving significant discretion in the hands of forum Presidents to drive the process which greatly varies the effects on access to justice among districts. [ABSTRACT FROM AUTHOR]

This article presents data from over 3300 respondents from two transition countries: Kenya and Yemen. The data from each of these countries indicate that, in transition, individuals feel less empowerment regarding employment problems than they do regarding family and neighbour problems. It is suggested that this low empowerment in relation to employment problems is due to the inaccessibility of formal dispute resolution mechanisms, and the inability of informal mechanisms to overcome power imbalances. This indicates that, in accordance with recent thinking in the development agenda, there should be a stronger focus on addressing how individuals experience and use low-level dispute mechanisms, as well as top-down organisational change. Implications are discussed, and recommendations for future evaluation of the success of transitions are made. [ABSTRACT FROM AUTHOR]

Despite the growing attention to and burgeoning literature on legal empowerment, there has been surprisingly little focus on how it might promote greater social justice during political transitions from authoritarianism and from conflict. Such transitions can provide opportunities for challenging structural inequalities and for promoting legal mobilisation. This introductory article provides an overview of legal empowerment before examining its links to peacebuilding and transitional justice. [ABSTRACT FROM AUTHOR]

Although Egypt has a long history of hosting refugees, legal aid programmes to assist these refugees have a much more recent history. Over the last decade and a half, formal and informal civil society organisations have developed programmes of legal aid, focusing on a number of different legal problems facing refugees and applying a number of different models of legal aid. Despite this variety, there has been very little application in such programming of the principles of legal empowerment. Beyond the generic barriers to employing these principles, the providers of refugee legal aid in Egypt are confronted by the tension between incremental and revolutionary change that can undermine legal empowerment strategies and ambiguities concerning the precise group to be empowered. [ABSTRACT FROM AUTHOR]

There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons with Disabilities. [ABSTRACT FROM AUTHOR]

This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice increasingly emphasising the centrality of criminal accountability for violence, precisely as more holistic approaches have emerged that have broadened the remit of transitional justice. Post-conflict justice advocates have thus become professionalised transitional justice entrepreneurs working on issues such as democratic transitions, rule of law and human rights. A legal empowerment discourse has emerged in a number of scholarly debates that discuss legalistic and normative issues related to the implementation of retributive and restorative justice mechanisms. In theory, the concept of legal empowerment addresses the issue of social exclusion in transitions, increasing the rights of the marginalised. In practice, however, legal empowerment has disappointed and raises several issues around its performance that are scrutinised in this article. Drawing on case studies in Nepal, Tunisia and Bosnia-Herzegovina the authors analyse issues related to agency, institutions and structure, and argue for a needs-centred, participatory approach in place of the rights-based legal empowerment concept. [ABSTRACT FROM AUTHOR]

The authors argue that legal empowerment during political transitions must take into account the numerous and varied obstacles that people living in poverty face in accessing justice. Challenging impunity and strengthening justice require explicitly targeting power asymmetries and addressing obstacles that are social, cultural, financial and systemic in nature. The article examines different types of legal empowerment and access to justice programmes, highlighting their benefits and challenges from a human rights perspective. Finally, it draws lessons from existing programmes for practitioners and policymakers working to improve access to justice in transitional contexts. [ABSTRACT FROM AUTHOR]

Legal empowerment is a central pillar of the law and development agenda and as such is the focus of many interventions. However, there are many challenges in relation to measurement for impact assessment and project appraisal. In particular the comparison of activities aimed at improving legal empowerment is difficult due to a lack of a measure that is applicable to different activities. This paper presents a model of subjective legal empowerment (SLE). SLE allows measurement of legal empowerment that is comparable across different groups, interventions and experience levels. A literature review and theoretical exploration look at the challenges to measurement of legal empowerment followed by an examination of the strengths and weaknesses of the SLE model. SLE is found to be a measure that can overcome many of the difficulties inherent in comparison to different legal empowerment interventions, with different groups, in different contexts. [ABSTRACT FROM AUTHOR]

Although the concept of legal empowerment has gained significant traction in development studies recently as a means of addressing social inequality, exclusion and human rights violations, little scholarship exists on its potential in the context of protracted refugee situations (PRS). This article seeks to further the discussion on the role of law and justice in PRS by proposing that legal empowerment-based approaches offer an alternative to traditional aid initiatives which respects the dignity and agency of recipients. It is argued here that enabling refugees to use the law and legal mechanisms to protect and advance their rights and acquire greater control over their lives could have important implications. In particular, legal empowerment has the potential to improve the administration of justice within refugee camps, to increase the accountability of host state authorities and aid providers, and to contribute to the achievement of durable solutions either by providing the skills and knowledge to facilitate resettlement or local integration or by empowering refugees to be actors in resettlement and transitional justice initiatives. [ABSTRACT FROM PUBLISHER]

Background: Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP) has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. Objectives: To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD) addresses those measures. Methods: Critical literature review of empirical studies and a checklist assessment of the CRPD. Results: Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights). Conclusions: Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard. [ABSTRACT FROM AUTHOR]

In the last decade bottom-up approaches to legal development cooperation have become increasingly popular. Examples are reform ideas and programmes using concepts such as ‘access to justice’ and ‘legal empowerment.’ These approaches share a common concern that legal interventions should benefit the poor, and that their needs and preferences should form the basis for legal reforms. Proponents argue that these approaches are important alternatives to ineffective pre-existing legal reform practices which were based on ‘the rule of law orthodoxy.’ This paper critically discusses the content, context and merits of such bottom-up approaches. It concludes that while these approaches offer advantages, they should not substitute but complement pre-existing legal development cooperation practices and the rule of law paradigm on which they are based. The emergence of these new approaches shows how much legal development cooperation is a field of trends, where doubts about their effectiveness force legal reformers to regularly shift from one paradigm to the next, enthusiastically applauding the seemingly new, while sacrificing the caricaturized old. [ABSTRACT FROM PUBLISHER]

This article examines the opportunities and constraints related to legal empowerment of informal construction workers in Tamil Nadu in South India. The article demonstrates that while state-provided welfare schemes are important as an organizing tool for the trade unions, they also contribute to fragmentation of the union movement. Moreover, the article reveals the important role played by trade unions as intermediaries of social protection and consequently their role in the realization of survival and security rights. It is argued that the legal empowerment agenda is vague when it comes to how a balance between flexibility and security in the informal economy can be achieved, and challenges related to the present case are highlighted. The article concludes that changes in the legislative framework, enforcement of legal provisions and an extension of social protection measures are required to achieve substantial legal empowerment of informal construction workers in Tamil Nadu. [ABSTRACT FROM AUTHOR]

This paper reviews the World Bank's existing work in access to justice and suggests directions for further Bank engagement in this area. Access to justice efforts are grouped here into six categories: court reforms, legal aid, information dissemination and education, alternative dispute resolution, public sector accountability, and research. The paper is motivated in part by recent discussions of ???legal empowerment???; a thread of inquiry that runs through the review is: how do World Bank efforts to increase access to justice affect the agency of poor people? The paper concludes with insights and recommendations that emerge from the Bank's experience. [ABSTRACT FROM AUTHOR]

The purpose of this essay is to introduce the work of the Commission on Legal Empowerment of the Poor (CLEP) to the broader academic community interested in the challenge of eradicating rural poverty and promoting the structural and institutional changes which underpin such a challenge. While rural development research in the past has included work on several components of the legal empowerment of the poor (LEP) agenda such as property and labour rights, much less attention has been given to the other two pillars of the framework - access to justice and rule of law and business rights - which together constitute the four pillars of LEP. However the real difference and value added is the power of the systemic interaction among the pillars and the empowerment approach to change. In this approach, change is initiated bottom up with legal identity, organisations, information, and voice of the poor. In other words an active citizenry, complemented by a democratic and effective state. None of this happens naturally as vested interests and skewed power and asset relationships are bound to get in the way of change to greater equity. Such change is only likely to come through iterative contestations between organisations of the poor, the middle class, and the state. This approach is not presented as a panacea but one which will hopefully complement and accelerate what is already working. [ABSTRACT FROM AUTHOR]

The Commission on the Legal Empowerment of the Poor (CLEP) was established by the United Nations in 2005 and concluded in 2008. Although inspired by Hernando de Soto's analysis of the role of property rights in economic development, the scope of the Commission was defined as 'legal empowerment' in general. This commentary offers a critique of the CLEP report, and argues that its underlying assumptions rest on an idealised version of liberal democratic capitalism in which a dynamic market economy assures 'win-win' solutions for all. This implies that there are no tensions between the four 'pillars' of legal empowerment identified by CLEP (the rule of law, property rights, labour rights, and business rights). However, in the real world of capitalism, in both democratic and authoritarian versions, there are structural tensions between classes of capital and classes of labour, which result in the economy and its underlying institutional order becoming a key site of contestation. The case of farm labour in rural South Africa is used to illustrate this argument. A focus on legal rights can, however, be 'empowering' to a degree, when it helps defend poor people from exploitation and abuse, or is located within broader strategies to eradicate systemic poverty. [ABSTRACT FROM AUTHOR]

A significant new law was passed by Egyptian legislators in 2004 introducing family courts to arbitrate family conflict in an effort to promote non-adversarial legal mechanisms. The aim of this paper is to examine how this new legal system is working for female plaintiffs. Through an analysis of court practices in a number of divorce and maintenance cases, this essay will make two central arguments: First, I will argue that the benefits family courts are currently providing to female plaintiffs are limited due to a number of gaps and shortcomings in the legislation, mechanisms of implementation, resources, and the capacity and the training of court personnel. In addition, the legal process in the new courts as well as the substantive family laws that are being implemented continue to reflect gender inequality and biases against women. Secondly, I will argue that the shortcomings of the new court system also result from the approach of addressing gender inequalities through the piecemeal approach of fragmented procedural reforms as well as the contradictions arising from the divergent agendas of the alliances built between different reform actors (e.g. women's rights organizations, government bodies, and legal institution). [ABSTRACT FROM AUTHOR]