By the Governance Data and Analytics Team, UNDP Global Policy Centre for Governance
Under SDG 16.3, all countries have committed to “promote the rule of law at the national and international levels and ensure equal access to justice for all.” This article focuses on SDG indicator 16.3.3 – a “people-centered” indicator of access to justice. It builds on a policy brief of the same name, developed by the three co-custodians of the global indicator SDG 16.3.3.
Access to civil justice is a critical enabler for achieving sustainable development and the SDG targets. Unresolved legal problems may create direct and indirect economic and social costs for individuals, communities, and the state. These costs manifest, for example, through adverse impacts on health, unemployment, loss of housing, or family instability, all of which bear serious social implications and place a strain on public funds. Research indicates that individuals experiencing one legal issue are likely to encounter cumulative legal problems. In addition, disadvantaged and vulnerable groups are more at risk of facing multiple justice-related problems throughout their lives. When civil justice processes fail to address experiences and perceptions of injustice, especially when combined with economic stress and other barriers to access, they can deepen distrust and fuel conflict.
Civil justice problems encompass a diverse range of issues that individuals may face in their daily lives – such as land disputes, family matters, discrimination in accessing public services, pollution, and environmental degradation. According to recent estimates, 1.4 billion people have unmet civil justice needs. There is a significant lack of insight into the accessibility of legal recourse for individuals, the social and economic impacts of unresolved legal problems on people and the state, and the most effective strategies to tackle these issues. Addressing this knowledge gap is essential for countries striving to achieve equal access to justice and improve formal and informal dispute resolution mechanisms to deliver people-centered justice services.
The joint Policy Brief, developed by the three co-custodians of the global indicator SDG 16.3.3 – the United Nations Development Programme (UNDP) Global Policy Centre for Governance, UN Office on Drugs and Crime (UNODC), and Organisation for Economic Co-operation and Development (OECD) – explains the relevance of SDG indicator 16.3.3 (Proportion of the population who have experienced a dispute in the past two years and who accessed a formal or informal dispute resolution mechanism, by type of mechanism) as a people-centered indicator of access to justice and provides recommendations for policymakers and other stakeholders to promote the indicator’s measurement and reporting as part of overall support to strengthen people’s access to civil justice.
How is it measured?
SDG indicator 16.3.3 focuses on the availability and accessibility of justice institutions and mechanisms (both formal and informal) to those who have experienced a legal problem. The indicator provides insights into the barriers faced, reasons for excluding some groups, and the type of channel used by individuals in an effort to seek justice and enforce or defend their rights.
Importantly, SDG 16.3.3 also quantifies unmet legal needs, often referred to as the “justice gap” or the “dark figure” of access to justice. This aspect of the indicator allows to distinguish between those who voluntarily refrain from accessing the justice system and those who want to access it but are not able to do so. In other words, this justice gap addresses a vital information need regarding the functioning of justice and its accessibility. While administrative records provide essential information on case management, human resources, financial resources, and infrastructure, they cannot capture the population’s experience with the justice sector.
SDG 16.3.3 is underpinned by the concept of people-centered justice, requiring population surveys as a measurement tool. This concept refers to the justice sector adopting a people’s perspective and placing individuals at the core when designing, delivering, implementing, and evaluating justice policies, services, and legal procedures, both within and outside the justice system. By disaggregating headline indicators, it considers the perspectives and needs of specific communities, including marginalized, underserved, and vulnerable groups. The methodology behind SDG indicator 16.3.3 builds on three decades of experience with population surveys. These legal needs surveys are conducted by governments, statistical agencies, development organizations, and research institutions, for which the SDG 16 Survey is an important measurement tool.
However, most countries around the world do not yet routinely administer relevant surveys to measure SDG 16.3.3. This data gap stems from a lack of awareness of the indicator, as well as competing priorities, resources, and capacities to measure all SDGs. National reporting on SDG 16.3.3 provides an opportunity for countries to strengthen and institutionalize national survey data collection on civil justice, possibly through the regular conduct of legal needs surveys.
Key policy recommendations to strengthen access to justice
To design effective solutions to justice problems, governments must start by understanding their populations’ legal needs and experiences in accessing justice. As a global headline indicator on access to civil justice, SDG 16.3.3 aims to provide governments with high-quality data to inform evidence-based decisions that respond to people’s justice needs.
The right policy measures will help countries progress towards people-centered justice services that leave no one behind. To enhance equitable access to justice, policymakers must address critical knowledge gaps regarding legal recourse accessibility, the socioeconomic impact of unresolved legal problems, and effective resolution strategies.
Strengthening data collection and monitoring of SDG 16.3.3 is essential to understanding barriers to justice, with efforts on regular measurement, awareness campaigns, and capacity building for stakeholders. Collecting representative, disaggregated data ensures policies prioritize the needs of vulnerable populations. Additionally, developing a robust justice data ecosystem – by integrating and combining diverse data sources, establishing clear governance frameworks, and increasing collaboration across government, academia, and civil society – will improve evidence-based policymaking. Finally, leveraging digital technologies while ensuring data protection and responsible data governance can improve access to justice for vulnerable populations and address the digital divide.
Read the Policy Brief here.