Consultation Now Closed: Draft Recommendation on Access to Justice and People-centred Justice Systems

Purpose of the public consultation

The OECD is launching a public consultation on the draft Recommendation on Access to Justice and People-centred Justice Systems. The consultation is open to government officials, civil society organisations, international organisations and interested citizens and stakeholders from all over the world. The aim of the consultation is to ensure that the final text reflects the experience, needs and aspirations of the international community concerning Access to Justice and People-Centred Justice Systems. Through the consultation, the OECD also aims to evaluate the relevance and applicability of the guidance and definitions included in the draft Recommendation.

Follow the link for a French version of the draft Recommendation.

Interested individuals and organisations are invited to submit their comments and inputs by e-mail [GOV.AccesstoJustice@oecd.org] until 6 January 2023.

Content of the draft Recommendation

The draft Recommendation aims to support countries’ efforts to develop a people-centred approach to access to justice through a clear legal and institutional framework that secures appropriate leadership for a people-centred transformation. The draft Recommendation presents a set of principles organised around four main pillars:

Designing and delivering people-centred legal and justice services
Establishing a governance infrastructure that enables people-centred justice
Empowering people to make a people-centred justice transformation happen
Committing to evidence-based planning, monitoring and evaluation

Background information

In 2021, the OECD published the Framework and Good Practices Principles on People-centred Justice to provide the necessary guidance to build government-wide strategies for improving access to justice. Building on nearly a decade of research and exchanges during the OECD Roundtables on Access to Justice and other forums, the OECD draft Recommendation on Access to Justice and People-centred Justice Systems aims to take a step further, embodying the Framework and Good Practice Principles on People-centred Justice into an OECD legal instrument. This step aims to give the principles greater reach, visibility and practical applicability. The Recommendation aims to help countries reinforce access to justice, support the implementation of their commitments under the UN 2030 Agenda and advance towards justice systems that effectively respond to people’s needs and promotes trust in public institutions.

If approved by the OECD Council, the Recommendation will form the basis for OECD reviews, for the development of further guidance and indicators, as well as an implementation toolkit to support Adherents to implement the Recommendation. The OECD Public Governance Committee will also periodically report on progress made by Adherents to implement the Recommendation.

Purpose of OECD Recommendations

Recommendations are adopted by the OECD’s governing body, the Council, and result from the substantive work carried out in the Organisation’s committees and their subsidiary bodies. Recommendations generally contain high-level policy directions based on agreed good practices and aspirational goals, and serve to highlight the importance of specific work areas in the context of broader international policy-making. They are not legally binding, but practice accords them great moral force as representing the political will of Members and non-Members having adhered to them (Adherents), on whom there is an expectation to work towards implementing them. For more information on OECD Recommendations, please consult the online Compendium of OECD Legal Instruments.

Process for the finalisation of the draft Recommendation

The OECD Public Governance Committee discussed the draft Recommendation on September 2022 after a preparation process of almost a year. Delegates of an informal justice advisory group and network have been largely involved providing inputs in meetings and forums and by written comments.

The draft Recommendation is being developed through an inclusive and horizontal approach, involving a number of OECD committees and bodies. It is still a work in progress at the OECD and the content may be subject to modifications, including in order to take account of comments received through the public consultation. Ultimately, the Recommendation will require the approval of the Public Governance Committee after which it would be presented to the OECD Council for adoption.

Responses to the public consultation will be analysed and the OECD may publish them, but only in an aggregated and anonymous manner. Information on the respondents (i.e. country of residence, profession, etc.) will be collected by the OECD for statistical purposes only. For further information or inquiries, please contact GOV.AccesstoJustice@oecd.org