Open Justice and the Underprivileged in the Global South: Perspectives from Latin America and Asia

Type
Open Panel
Language
English
Description

This panel seeks contributions to examine the critical intersection of open justice, the rule of law, and access to justice for underprivileged populations across Latin America and Asia. Despite institutional reforms, systemic barriers—geographic isolation, costs, linguistic exclusion, and social hierarchies—continue to exclude vulnerable communities from legal protections.

Open justice encompasses public hearings, media coverage, and accessible judgments, aimed at preserving legitimacy and increasing legal accessibility. Yet these purposes compete with privacy, judicial independence, and resource constraints. Civil society organizations—legal aid clinics and human rights NGOs—complement state reforms by translating legal information, monitoring judicial conduct, and advocating for vulnerable groups.

The rule of law cannot be assumed from formal frameworks alone. A persistent implementation gap means the law often protects only those who can afford it. For underprivileged communities, the rule of law remains elusive—undermined by corruption, weak enforcement, limited legal aid, and inaccessible judicial systems. Even where transparency improves, marginalized populations experience no corresponding justice outcomes.

This panel interrogates this disconnect, asking what conditions enable the rule of law to function for the underprivileged, and what role open justice—alongside civil society—can play in bridging the gap. Drawing on developments from judicial overhauls in Mexico to accountability struggles in Sri Lanka, this panel invites comparative perspectives across both regions, exploring how judicial institutions, state policies, and civil society initiatives can advance access to justice for those most in need.

Onsite Presentation Language
Same as proposal language
Panel ID
PL-4883
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