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Access to Justice in Developing Nations: Bridging the Gap between Law and Social Reality

Access to Justice in Developing Nations: Bridging the Gap between Law and Social Reality

The promise of justice as a foundation for democracy is betrayed in many developing countries where laws exist but rights remain paper notions for most citizens. Systematic obstacles persist yet silent actors like poverty, low literacy, corruption, feeble institutions, and geographical marginalization render reforms ineffective. This study probes the stubborn divergence between formal laws and lived experiences, clarifying why vulnerable groups routinely slip through the legal net. Comparative lenses reveal a constellation of dysfunctions: courts chronically starved of resources, backlogs that stretch waiting periods into years, and legal orders distorted by elites to bypass local realities. Embedded forces, including customary legal orders and informal settlement practices, exhibit ambivalence: their relative reach offers promise, but their governance can curtail internationally recognized rights. These dynamics, illustrated through fieldwork in Africa, South Asia, and Latin America, expose the breadth of exclusion while showcasing realistic changes, rapid three-tier case management systems, mobile tribunals, and formal recognition of customary safeguards aligned to international norms mandating further scholarly and policy attention. The dialogue demonstrates how tech mobile courts, virtual legal aid channels, and web-based dispute resolution serves as a crucial driver in closing persistent access barriers. While frameworks like the United Nations Sustainable Development Goal 16 offer a valuable compass, enduring advances hinge on tailored interventions that marry legal overhaul with targeted socioeconomic progress. The article concludes that narrowing the justice gap in developing countries requires more than drafting stronger laws; it demands sustained political commitment, systematic strengthening of institutions, proactive public legal education, and the embedding of justice mechanisms within community-led initiatives. Only by pursuing these interconnected, comprehensive pathways can the promise of equitable justice cease to be a distant aspiration and instead manifest as the concrete daily experience of the planet’s most underserved groups.

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