The distribution of justice: How (un)equal is it?

Justice impacts many aspects of our lives. Access to justice is recognized as an important element of development itself, as highlighted by Sustainable Development Goal 16. It is also necessary to provide the accountability and trust necessary to attain other development goals.

As with other public goods, the burdens and opportunities of justice are likely not distributed equally. Both burdens and opportunities tend to fall disproportionately on members of low-income households and other vulnerable persons, including persons facing social disadvantage.

A joint analysis of household survey data by the Hague Institute for the Innovation of Law (HiiL) and the World Bank confirms that low-income households are less likely to have access to the most effective forms of dispute resolution and to formal institutional sources of legal information and advice, and less likely to recognize the legal aspects of their problems. They are also more likely to report negative impacts of their legal problems.

The distribution of legal problems

Legal problems are widespread on a global level and represent a useful proxy of burdens, given their impact on finances and other forms of well-being. But not all legal problems are the same nor do they create the same level of negative impacts on households, so it is important to understand the distribution of certain types of legal problems.

An earlier analysis of HiiL household survey data showed that low-income households were likely to experience distinctive types of legal problems. (Figure 1)

Figure 1. Distribution of legal problems across income quartiles

Data from four more recent HiiL household surveys—Niger (2024), Nigeria (2023), Tunisia (2023) and Burkina Faso (2021)—has helped test these findings. Household income was not collected through the surveys, so we use those households reporting “lacking financial means to meet basic needs” as a proxy for low income. These correlate with the poverty rates in the countries. (Table 1)

Key findings from the data

Low-income households are more likely to experience distinctive types of legal problems. In each country, low-income households are over-represented in experiencing legal problems related to land. They were also over-represented in three of four countries in experiencing legal problems related to family issues, housing, domestic violence, employment, money, and social welfare.

Figure 2a. Legal problems experienced by low-income households in Burkina Faso, as % of total

Figure 2b. Legal problems experienced by low-income households in Niger, as % of total

Figure 2c. Legal problems experienced by low-income households in Nigeria, as % of total

Figure 2d. Legal problems experienced by low-income households in Tunisia, as % of total

Low-income households are more likely to experience the most frequently reported legal problems. This includes land problems in all four countries, as well as domestic violence and problems with neighbors in Burkina Faso and Niger, social welfare and money problems in Tunisia, and housing problems in Nigeria.

Figure 3a. Relationship between legal problems and low-income households in Niger

Figure 3b. Relationship between legal problems and low-income households in Burkina Faso

Figure 3c. Relationship between legal problems and low-income households in Tunisia

Figure 3d. Relationship between legal problems and low-income households in Nigeria

Low-income households are more likely to experience legal problems associated with high negative impacts. The data suggest that in Nigeria, Burkina Faso, and Tunisia low-income households are more likely to experience problems linked with negative impacts on areas such as health, wealth, and family relations. The data for Niger suggests a weaker correlation. These problem types include land, family, and money issues.

Why is this important in the development context?

This data adds to the current literature that broadly suggests the distribution of justice is unequal and detrimental to low-income persons. The fact that low-income households are often over-represented in experiencing the most impactful and frequent types of problems suggests the burdens of legal problems are generally falling disproportionately on them. Understanding this distribution of justice, with its burdens and opportunities, is important for development policy. If low-income households are more likely to experience certain types of legal problems, anti-poverty initiatives need to mitigate the negative effects of justice burdens, including on human capital, jobs, and assets, and capitalize on potential opportunities, such as enhancing legal capability and building trust in institutions. Well-targeted justice interventions do result in positive development outcomes, including increased human capital investments and positive human capital outcomes, improved school attendance for children and bargaining power for poor women, reducing domestic violence, and producing higher financial transfers to poor female-headed households. Increased data availability in the sector on experience with legal problems will help identify the most effective starting points for these justice interventions.