IBA Annual Conference Mexico City 2024

15 Sep - 20 Sep 2024

PALACIO DE CANAL 5, LEVEL E1

Session information

The cost of everything but the value of nothing: what goes wrong when governments starve the justice system of funding

Tuesday 17 September (1115 - 1230)

PALACIO DE CANAL 5, LEVEL E1

Committee(s)

Forum for Barristers and Advocates (Lead)
Judges' Forum

Description

Over the last decade, the curtailment of funding for justice systems around the world has had serious consequences for the administration of justice. Many jurisdictions have witnessed a degrading in the courts estate; administrative systems have struggled to cope with demand; recruitment and retention within many areas of the justice system is adversely affected due to funding concerns; and publicly funded legal systems have been subject to repercussive cuts. 

These effects compromise access to justice and diminish respect for the justice system as a whole. Rather than justice being seen as a valuable commodity worthy of investment, it is too often seen as an unwelcome cost which should be subject to imposed decline. This has concerning repercussions for both the state and its citizens, creating real impediments to the rule of law and meaningful access to justice. 

The scope of legal aid systems across the world varies. As legal aid is a crucial vehicle by which the fundamental protection of human rights may be guaranteed, and the availability of legal aid is inextricably linked to access to justice, it is the responsibility of governments to guarantee that legal aid systems ensure that this protection is practical and effective, including the provision of adequate funding. This session will explore, through a number of case studies, the consequences of failing to invest in a country’s justice system and the response of the legal profession in safeguarding access to justice and the rule of law.
 

Session / Workshop Chair(s)

Sara Phelan SC The Bar of Ireland, Dublin, Ireland; Chair, Forum for Barristers and Advocates

Speakers

Dominique Hogan-Doran SC Australian Bar, Sydney, New South Wales, Australia; Vice Chair, Bar Issues Commission Regulation Committee
Hon Justice Mark Livesey President Court of Appeal , Adelaide, South Australia, Australia; Senior Vice Chair, Judges' Forum
Sam Townend KC Bar Council of England and Wales, London, England; President / Chairperson, Bar Council of England and Wales
Sanne Van Oers Netherlands Bar, The Hague, Netherlands; President/ Chairperson, Netherlands Bar