The provision of legal aid services for the poor, marginalized and excluded groups of persons has increasingly attracted the attention of the global development community due to its role in improving access to justice and in providing beneficiaries with access to legal entitlements, resolution of disputes, and justice processes. It has also been globally accepted under the Sustainable Development Goals (i.e. Goal 16) that rule of law and equal access to justice for all should be promoted at both national and international levels and that adequate investments in legal aid provision should also be made.
Legal aid provision has emerged as a crucial tool aimed at strengthening democratic governance, fostering peace and achieving progress towards sustainable development. It has been regarded as an important tool in tackling issues of women’s inheritance rights, empowering local communities to promote the accountability of extractive industries, securing legal identity or ensuring equal access to health, education and other social and economic services (UNDP, 2016).
In the African region, access to justice by impoverished and marginalized people has been a constraint. Women living in rural areas are denied their rights to inherit the property of their deceased spouse, subsistence labourers are denied their wage by persons who engaged their services, and some persons at times are held in police custody without due process of law. In view of these, many African countries have guaranteed the right to a fair trial and equal access to legal service in their Constitutions. The right to legal aid in Africa has been affirmed in various regional human rights documents such as the 1999 Dakar Declaration and Recommendations, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2001), the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the 2004 Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa (UNDP, 2016b; Atuguba et al., 2006).
Inhaltsverzeichnis (Table of Contents)
- 1.0 Background to the study
- 1.1 Problem Statement
- 1.2 Main Research Question
- 1.2.1 Specific Research Questions
- 1.3 Main Research Objective
- 1.3.1 Specific Research Objectives
- 1.4 Significance of the Study
- 1.5 Methodology
- 1.5.1 Research Design
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This study aims to assess the knowledge, accessibility, and utilization of legal aid services in Ghana's Upper West Region. It seeks to understand the challenges faced by the socially and economically disadvantaged in accessing these services and the operational hurdles hindering effective service delivery.
- Knowledge of legal aid services among the population.
- Accessibility of legal aid services, particularly for the disadvantaged.
- Utilization rates of legal aid services by the target population.
- Operational challenges faced by the Legal Aid Scheme.
- The impact of limited access to legal aid on rule of law and good governance.
Zusammenfassung der Kapitel (Chapter Summaries)
1.0 Background to the study: This introductory chapter establishes the global and regional context of legal aid, highlighting its significance in promoting access to justice and sustainable development. It discusses the international and African frameworks supporting legal aid and traces the development of Ghana's Legal Aid Scheme, emphasizing its constitutional basis and evolution from informal practices to a formalized system. The chapter sets the stage by demonstrating the need for legal aid, especially for marginalized communities.
1.1 Problem Statement: This section details the challenges faced by socially and economically disadvantaged individuals in accessing justice. It underscores the inaccessibility of the formal justice system due to costs, complex procedures, lack of information and representation, and limited knowledge of rights. The chapter emphasizes that legal aid is crucial not only for justice but also as a gateway to other essential services. The inadequacy of Ghana's Legal Aid Scheme in reaching rural populations, especially given infrastructural limitations, is highlighted as a critical problem. This problem is framed within the broader context of Ghana's socio-economic disparities and their impact on access to justice.
1.2 Main Research Question & 1.2.1 Specific Research Questions: This section formally presents the central research question: assessing the level of knowledge, access, and utilization of legal aid services in the Upper West Region. It then breaks this question down into more specific, researchable sub-questions focusing on knowledge levels, accessibility, utilization rates, and operational challenges of the Legal Aid Scheme in the region. These questions directly guide the methodology and data analysis in the subsequent phases of the research.
1.3 Main Research Objective & 1.3.1 Specific Research Objectives: This section outlines the main objective of the study: to assess the level of knowledge, access, and utilization of legal aid services in the Upper West Region of Ghana. This overarching objective is then further broken down into specific, measurable objectives. These specific objectives mirror the research questions, providing clear and concise goals for the research process to achieve.
1.4 Significance of the Study: This section highlights the importance of the study in contributing to the achievement of Sustainable Development Goal 16 (SDG 16), which focuses on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable, and inclusive institutions at all levels. The study’s potential contribution to existing literature on legal aid and access to justice in developing countries is also emphasized.
1.5 Methodology & 1.5.1 Research Design: This section details the research methodology employed in the study. It describes the study as a social survey using both probabilistic and non-probabilistic sampling techniques. The data collection methods are specified as questionnaires and interview schedules, and the planned analysis will be both quantitative and qualitative. The design clearly outlines the methods intended for investigating the research questions and objectives.
Schlüsselwörter (Keywords)
Legal aid, access to justice, Ghana, Upper West Region, marginalized communities, rule of law, good governance, sustainable development goals (SDGs), social justice, legal representation, access to information, operational challenges, under-resourcing, rural development.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this study?
This study assesses the knowledge, accessibility, and utilization of legal aid services in Ghana's Upper West Region, focusing on the challenges faced by the socially and economically disadvantaged in accessing these services and the operational hurdles hindering effective service delivery.
What are the key themes explored in this research?
The key themes include knowledge of legal aid services, accessibility of legal aid (especially for disadvantaged groups), utilization rates, operational challenges faced by the Legal Aid Scheme, and the impact of limited access to legal aid on the rule of law and good governance.
What are the main research questions and objectives?
The main research question is: What is the level of knowledge, access, and utilization of legal aid services in the Upper West Region? This is broken down into specific research questions focusing on knowledge levels, accessibility, utilization rates, and operational challenges. The main objective mirrors this, aiming to assess the same factors, further broken down into specific, measurable objectives.
What methodology is used in this study?
The study employs a social survey using both probabilistic and non-probabilistic sampling techniques. Data collection methods include questionnaires and interview schedules, with both quantitative and qualitative analysis planned.
What is the significance of this study?
The study contributes to the achievement of Sustainable Development Goal 16 (promoting peaceful and inclusive societies, access to justice, and effective institutions). It also aims to contribute to existing literature on legal aid and access to justice in developing countries.
What are the chapter summaries?
The document provides summaries for each chapter (1.0-1.5), outlining the background to the study, the problem statement, the research questions and objectives, the significance of the study, and the methodology. Each summary details the specific content and focus of its corresponding chapter.
What keywords are associated with this research?
Keywords include: Legal aid, access to justice, Ghana, Upper West Region, marginalized communities, rule of law, good governance, sustainable development goals (SDGs), social justice, legal representation, access to information, operational challenges, under-resourcing, and rural development.
What is the overall structure of the document provided?
The document is structured as a comprehensive preview, including a table of contents, objectives and key themes, chapter summaries, and keywords. It provides a clear overview of the research project.
For whom is this information intended?
This information is intended for academic use, enabling the analysis of themes in a structured and professional manner.
Where can I find more information about this research?
Further details on the research would be available in the complete study. This preview serves as a summary and overview.
- Quote paper
- Emmanuel Der Tambile (Author), 2019, An assessment of the accessibility and utilisation of legal aid services in Ghana, Munich, GRIN Verlag, https://www.grin.com/document/899930
