Towards a More Inclusive Global Justice System
An opinion piece by Adelaide Howell, IAWJ Summer 2024 Communications Intern.
How we approach justice globally needs to change. Many, including myself, believe this change is long overdue. In a IAWJ’s recent webinar, Sustaining Judicial Confidence, our speakers discussed this very topic. While there are many problems with the global justice system, one of the main issues is inclusivity in the courtroom. Many people do not realize this is a real problem, but some are forced to confront it because they are excluded. A primary example is those who are disabled. It is important to remember that disabilities are not always visible, but they still need to be treated with respect.
In our webinar, we had several amazing speakers: Justice Susan Glazebrook of New Zealand, Judge Patricia Broderick of Washington DC, and Justice Annah Tawana of Botswana. They had interesting ideas about how we might adjust our justice system to make it more inclusive for all. Before I continue, I must emphasize why inclusivity in the courtroom is essential. Inclusive justice is a fundamental human right, ensuring that all individuals, regardless of their background, have equal access to justice and fair treatment under the law. When people perceive the court to be fair, they accept decisions more readily.
This principle is enshrined in various international treaties, conventions, and national legislation, such as the Universal Declaration of Human Rights (UDHR) articles 7 and 10, International Covenant on Civil and Political Rights (ICCPR) articles 14(1) and 26, and Convention on the Elimination of All Forms of Racial Discrimination (CERD) article 5(a). Suffice it to say, inclusivity in justice is a human right, and it is time we start treating it as such.
As of 2019, 5.1 billion people lacked meaningful access to justice, with 1.3 billion globally suffering from physical and emotional barriers. This means two-thirds of the world do not receive justice due to various factors, such as inaccessible court systems. It is crucial to treat everyone in the courtroom with respect so justice can be served and the healing process can begin. Furthermore, women, children, BIPOC individuals, Indigenous people, and disabled people also face significant challenges in accessing justice. Justice should not be a privilege but accessible to everyone.
One way to improve the inclusivity of the courts is through representation. Historically, judges and lawmakers have been privileged men, as favored by colonizer laws. We should not continue practices set by colonizers if we aim to be inclusive. Even in countries where women are equally represented in lower courts, they remain underrepresented in higher courts. Many IAWJ members are the first in their country, and we are proud to have them in our association.
Inclusivity must also extend to disabilities. Judge Patricia Broderick emphasized this point during the webinar, drawing on personal experiences. There are many ways to integrate disabled people into the court, the most important being making them feel heard and accepted. This involves using inclusive language and avoiding terms like “crazy” or “crippled.” Additionally, the UK Human Rights and Equality Commission found that court language needs to be more accessible, ensuring everyone can understand proceedings. Those with intellectual or developmental disabilities are at risk of not understanding what is happening, so it is crucial to explain things in simple language.
Simple acknowledgments go a long way. Asking the plaintiff or defendant to introduce themselves and checking if they understand can help them feel included. Asking, “What do you need?” deepens the feeling of being understood and included. Exclusion changes how people view the judicial system.
There are many ways to improve physical barriers, often simple, like providing auditory or visual aids. Physical access can be especially important in specific courts, such as children’s courts. While some changes require funding, changing attitudes can go much further than doing nothing. If you are curious, Texas has a helpful guide on how to make court more accessible. Some changes are simple, like adding a ramp for wheelchair accessibility, while others, like altering court language, may be more difficult. However, all these changes are necessary for us to move toward a more inclusive justice system worldwide.