Alternative Dispute Resolution Mechanisms and Transformative Constitutionalism in Latin America

Download or read book Alternative Dispute Resolution Mechanisms and Transformative Constitutionalism in Latin America written by Katia Fach Gómez and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most vulnerable collectives in Latin America are especially affected by the current shortcomings of formal state justice systems. It is therefore necessary to rely on national and international legal tools to facilitate the building of sounder justice systems in the region; that is, justice systems where informal justice mechanisms may bring about major advances in terms of rule of law, participation, social inclusion and equality, and which thus contribute to ICCAL's constant advancement. This study systematises the provisions in a significant number of Latin American constitutions and reveals the constitutional legislators' vision regarding the true extent of the 'access to justice' notion. References to arbitration as an individual right, express mentions of other ADR mechanisms such as mediation and conciliation, and the recognition of indigenous justice outline a constitutional collage of legal pluralism in the region. In short, Latin American constitutions have been aware that broader and less adversarial pathways to justice may reinforce the rule of law and promote social inclusion for the most disadvantaged. This chapter focuses on detailing the main benefits of informal justice mechanisms, including indigenous justice in Latin America; and it also outlines their main barriers and drawbacks. It thus explores United Nations Sustainable Development Goal 16, which seeks to provide access to justice for all. There is a general critical approach to the way in which indicators related to this goal have been implemented, and more specifically, of the relatively little attention paid to informal civil justice and the scant quantitative information currently available on indicators such as 16.3.3. This type of evidence brings to the surface the underlying fear that ensuring equal access to justice for all may continue to be a chimera in Latin America far beyond 2030. The chapter, however, reveals that there is still a hopeful path and focuses on a series of well-thought-out reports advocating for the implementation of a more ambitious SDG 16+. Their approach shifts the focus to each citizen's needs, emphasising the importance of informal mechanisms of justice. These reports also highlight that not only is the cost of legally empowering society, especially the most disadvantaged groups, very low, but it would also entail an inherent reduction in the currently high social costs stemming from unresolved legal problems. The chapter therefore argues for increased public and private investment in the formal and informal justice fields, for the promotion and use of new technologies in the field of access to justice, and for a mindset of change with the aim of achieving a people-driven and effective universal access to justice in Latin America that matches the ICCAL ́s objectives.