TAI Training:

Access to Justice

Four Pillars

Acc

ess

to

Just

ice

Acc

ess

to

Info

rmat

ion

Pu

blic

P

arti

cip

atio

n

Cap

acit

y B

uild

ing

Access to JusticeAccess to Justice

Provides a forum for grievances

Ensures people are treated fairly

Creates accountability

Valuing Access to JusticeValuing Access to Justice

TAI Assessment StructureTAI Assessment Structure

Constitutional Law

Case Studies

Access to Information:

27 indicators

Public Participation:31 indicators

Access to Justice:

33 indicators

6 constitutional law indicators applied once per assessment

+General Law

16 general law indicators applied once per assessment

+

Capacity Building:

12 capacity building

indicators applied

once per assessment

Access to Justice Case Studies

Emergencies

Air QualityMonitoring

Facility Reporting

Policy-Level Decision

Regulatory-LevelDecision

Project-LevelDecision

Access to Information

Public Participation

Environmental Harm

Water QualityMonitoring

State of EnviroReports

Non-Compliance

Access to Justice

Access to Information

Public Participation

Access to Justice Case Studies

Poverty Case StudiesPoverty Case Studies

Captures the concerns of the poor

Two (2) case studies must use the poverty indictors

Poverty-sensitized indicators

Number of Case StudiesNumber of Case Studies

Prescriptive Case Types

Case Types at Researchers’

Discretion

Total Minimum

Cases

Access to Information 4 4 8

Public Participation 3 3 6

Access to Justice 3 1 4

TOTALS 10 8 18

Access to Justice IndicatorsAccess to Justice Indicators

Does the forum have the

capacity to deal with the claim?

Are there

provisions,

regulations or

rules?

Is it affordable?

Is the decision

timely?

Is there a forum?

Is the forum

impartial?

How broadly is

standing

interpreted?

Valuing Indicators: LawValuing Indicators: Law96. To what extent does the law enable a party to seek review or appeal of selected claim type to an independent body with the power to reverse a decision?

Valuing Indicators: EffortValuing Indicators: Effort120. To what extent did the forum minimize delays in processing and reviewing the claim and in issuing a decision?

Valuing Indicators: EffectivenessValuing Indicators: Effectiveness

129. To what extent was the forum decision implemented in the selected case?

Choosing Priority Sectors

Economically Significant

• Significant contributor to GDP

• Large employer

• Unique to your country

Environmentally or Socially Significant

Representative

• Significant environmental

impacts

• Significant health impacts

• Impact vulnerable populations

• Should reflect average

practice• If it is NOT an average case,

then this must be noted in the assessment

Sample Priority Sectors

IMPORTANT SECTORS Water and

sanitation Extractive

Industries Biodiversity

Forestry Agriculture Poverty

Electricity Tourism Women

Manufacturing Services Children and Youth

Government Fisheries Minorities

Chemicals Transport Health

Toxics Indigenous Peoples

Trade

Globalization Genetically Modified Organisms

Illegal immigrants

Guidelines for Case Selection

CASE STUDIES SHOULD BE

Representative Recent

ADDITIONAL CASE STUDIES SHOULD

Clearly show redress and remedy

Involve different types of claimants

For all access to justice case studies:

For environmental damage claims, case should: