The right to access justice

Access to justice is a fundamental human right. Whilst there is no single definition, accessible justice typically refers to fair and widely understood laws, access to adequate legal supports and services, impartial and equitable justice system procedures and the right to recourse where these things are not experienced. A broader contemporary definition acknowledges ‘extralegal’ factors, such as inequalities in health, housing and employment, which create and perpetaute barriers to justice.

The notion of accessible justice posits that individuals interacting with the justice system should be treated fairly and equally, regardless of class, ethnicity, indigeneity, age, gender, sexuality and ability. Accessing justice therefore demands an inclusive system which enables active participation (see Canadian Forum on Civil Justice, 2015). The justice system, and associated services, should be accessible in terms of cost, language, distance and physical space, so as not to exclude or obstruct individuals from pursuing justice. It is important to acknowledge the significance of access to informal customary justice, particularly for Indigenous persons.

Access to justice is central to the ‘rule of law’ – a core ideological principle of modern Western democracies – though this does not necessarily guarantee access. Contrastingly, in developing countries, particularly post-conflict authoritarian regimes, access to justice is relatively deficient and may not be an aspiration of the state. Global disparities in the prioritization of access to justice highlight the impact of place – a central consideration in rural criminology.

Rural barriers to accessing justice

The bearings of rurality on access to justice are vast, affecting a range of parties – the accused, offender and victim – in different ways. Persons who are already marginalized are more likely to experience barriers to accessing justice, including ethnic minority and Indigenous peoples, women, people with disabilities and those experiencing mental illness, poverty and homelessness. Rurality adds another dimension to the inaccessibility of justice for these individuals.

Though not monolithic, rural communities tend to experience food and housing insecurity, intergenerational poverty, transportation and communication barriers and low education levels (refer to Pruitt et al, 2018). These disadvantages, which themselves are unjust, create barriers to accessing justice from which further injustices can stem (see Statz, 2021).