Justice Inclusion Research Articles

A EFETIVIDADE DO DIREITO PREVIDENCIÁRIO E A IMPORTÂNCIA DA JUSTIÇA GRATUITA NA JUSTIÇA FEDERAL: DESAFIOS E PERSPECTIVAS

This article aims to analyze the effectiveness of Social Security Law at a global level, highlighting its purpose, objectives and challenges faced. The effectiveness of Social Security Law in society is crucial to guarantee financial support and dignity to people in times of vulnerability, such as old age, illness or disability. To obtain social security benefits, it is necessary to meet specific requirements, such as presenting complete documentation and proving disability or minimum age. Through bibliographic research and inductive methods, it is noted that Social Security is a vital tool for social protection, but faces bureaucratic challenges, lack of information and regional inequalities that can make access difficult. It is essential to continue improving public policies to ensure that all citizens can exercise their social security rights effectively and equitably. Therefore, the application of free justice at the federal level, highlighting its main objectives and developments, in order to guarantee everyone the right to seek judicial protection free of charge. Because of this, it promotes more inclusive justice. Furthermore, through specific rules and regulations, it allows low-income citizens to have their rights protected, regardless of their economic conditions.

Toward inclusive justice: Applying the Diverse Voices design method to improve the Washington State Access to Justice Technology Principles

Just court systems are enabled by inclusive justice practices. Toward creating conditions for more inclusive justice–specifically engaging with and enabling experiential experts–we applied the Diverse Voices method to improve the Access to Justice Technology Principles (ATJ-TPrinc) which guide court administration in Washington State, USA. We situate our work in literature on inclusive justice, public interest technology in the courts, value sensitive design, and experiential experts. Then we present our research context, the Washington State ATJ-TPrinc, and our method, the Diverse Voices. We provide details on our methods, including our project genesis and implementation of the Diverse Voices process. We conducted experiential expert panels with four stakeholder groups: legal professionals, currently/formerly incarcerated people, immigrant communities, and rural communities. We then report key concerns and insights that surfaced during the panels as well as the review process and adoption of the revised Principles by the Washington State Supreme Court. We document changes to the ATJ-Princ informed by feedback from the expert panelists, including two new principles – P11 Human Touch and P12 Language Access. The discussion focuses on evidence for success, skillful implementation of the Diverse Voices method, the need for complementary regulation, and benefits to inclusive justice efforts and public interest technology projects. Our contributions entail: (1) a case study demonstrating the use of the Diverse Voices method to improve a tech policy document for the Washington State court system; (2) for public interest technology, a model for public engagement around tech policy that foregrounds participation of experiential experts, as well as the conditions necessary to ensure concerns raised are both heard and acted upon; (3) facilitation techniques and skills for enabling diverse stakeholder groups to express their concerns around responsible computing systems; and (4) revised and expanded access to justice technology principles to support more inclusive justice.

Reconciling Cultural Values with Legal Principles: Traditional African Justice Systems in Contemporary Context

This comprehensive study delves into the fundamental principles of the traditional African justice system, juxtaposing it against the broader philosophical and jurisprudential evolution of the concept of justice. Drawing on a robust literature review, the article uncovers the unique features that set African justice mechanisms apart from formal court systems - the central role of community leaders, active community participation, and a focus on reconciliation and harmony. Tracing the concept of justice from ancient Greece to the present day, the study situates the African approach within this broader context. It explores diverse conceptions, from natural justice to economic, social, and corrective justice, and how they have been interpreted and applied in the African context. Crucially, the article reveals how traditional systems have often filled the gap between community needs and formal legal services. The findings suggest that the guiding principles of reconciliation and community harmony, which underpin the African justice model, offer invaluable insights for developing more holistic and inclusive justice systems. In an era of globalization, these insights could inform the pursuit of social cohesion and the common good, presenting a compelling alternative to the individualistic orientations of mainstream justice frameworks. Through its in-depth analysis and interdisciplinary approach, this study makes a significant contribution to the understanding of traditional African justice, its resilience, and its potential relevance in the contemporary world. The article's rich, sharp, and well-crafted narrative offers policymakers, scholars, and practitioners a vital resource for exploring innovative pathways to justice that prioritizes community-centric values.

Conceptualising and enacting pathways to transformative climate justice: examples from the Philippines

ABSTRACT Scholarship on climate change adaptation is increasingly moving from incremental responses to climate injustice towards transformative approaches that deliberately change systems to achieve just and equitable outcomes. A transformative understanding of climate justice is relatively new and evidence of how this could be achieved is in its infancy. In this paper, we conceptualise transformative climate justice as comprised of three subcomponents: (1) inclusive justice (seeking to ensure that no one, especially the most vulnerable, is left behind), (2) epistemological justice (drawing upon diverse knowledges and worldviews), and (3) restorative justice (healing and restoration of communities and the environment). We then present examples of how different local communities in the Philippines are experimenting with climate adaptation strategies that embody these three components of transformative climate justice. Through case studies of communities in Itbayat (Batanes), Tambaliza (Iloilo), and Barangay Assumption (Koronadal), we demonstrate how their adaptive strategies contribute to community and ecological resilience. We find that transformative climate justice arises from mundane and everyday struggles, takes place at the “middle place” between top-down and bottom-up initiatives, and requires a deliberate redistribution of power to counter decision-making processes that reproduce injustices.

Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective

The legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospitals

Just transition away from coal: Vulnerability analysis of coal districts in India

India as an important stakeholder in climate action, indicates a rapid transition in its energy system and phasing out of coal. However, coal being a critical component in its energy basket for energy security and energy poverty, phasing out will have multiple socio-economic implications at local level. Inclusion of justice in transition away from coal needs to account for the vulnerability of coal-dependent regions and identify trade-offs and synergies between developmental policies and climate change mitigation. The study attempts to understand how the burden of coal phase out is distributed across districts through vulnerability index. The analysis of socio-economic indicators gives a comprehensive picture of the vulnerability and the capacity of the district to adapt to the transition. The results shows that the vulnerability to coal phase out is highly regional and concentrated to the top 10 districts on the vulnerability index. The micro analysis of the indicators shows that, while coal revenue contributes positively to the national economy and state economy, at the local (district) level fiscal dependency of coal is limited to high coal dependent districts. The study contributes to developmental policies and framing of India's just coal transition policy. The study suggests that coal phased out also presents an opportunity to rebuild the vulnerable districts.

Law Without Lawyers: Examining the Limitations of Consumer-Centric Legal Tech Services

The legal field is undergoing a disruptive change with the emergence of technology- based legal services aimed directly at serving the consumer, bypassing the need for a human lawyer. Specialized legal technologies powered by Artificial Intelligence (AI) or enabled by blockchain are leading to what is being referred to as new law, new ways of interpreting, implementing, and enforcing the law. Raymond Brescia has termed this transformative period in legal history as the third wave of lawyering. This wave is characterized by a new world of law without lawyers, comparable to the banking revolution, where mobile apps and online banking platforms replaced traditional tellers. There is an emergence of a legal ecosystem where conventional legal practices coexist alongside technology-driven legal services. These legal techs hold the promise of enhancing legal and justice inclusion by providing cheaper, more convenient, and more accessible legal services compared to traditional law firms and lawyers. This paper examines the emerging legal tech field, focusing on the business- to-consumer (B2C) category.B2C legal tech refers to tools designed to provide legal services and information directly to consumers without requiring the involvement of a human lawyer. This paper explores the factors driving these disruptive changes in legal services and evaluates some of the limitations of legal tech in meeting clients’ legal needs. The author concludes that B2C legal tech is gaining traction. However, the author avers that these technologies have limitations in fully meeting the needs of their users; therefore, lawyers still play an essential role in the legal ecosystem. As legal tech continues to gain traction, specific measures need to be implemented to address some of their limitations and ensure the seamless integration of these technologies into the legal field. This paper contributes to the ongoing discourse on the future of the legal profession in the era of technological advancement.

LEGAL SYSTEM AND DEMOCRATIC PROCESS IN INDIA

The article highlights the legal system and democratic process in India. The main idea of the article to analyze the processes which take part in the legal system of India. The legal system of a country is a part of its social system and reflects the social, political, economic and cultural characteristics of the society. Indian democracy is essentially dynamic. The changes may be gradual, but these changes indicate the democracy’s desirability toward social transformation. In the neoliberal era that the world order is stepping in, natural law principles are playing a pervasive role in the realms of ethics, politics, governance, society, culture, and law. This article reappraises the natural law philosophy’s role in the legitimization of democratic principles and practices. A functioning democracy pins its hopes on the conscience of the society, not just for its sustenance but also for its development. The article reflects the post-structuralism approach of merging social movements to “constitution-making” and the subaltern proposition to defend their worldviews and relative ideas. The article is an attempt to demarcate “democracy as a progressive idea” from “democracy as a theoretically operating idea”. The article focuses on three fundamental components of modern Indian democracy viz. transformative constitutionalism, inclusive justice, and good governance.

Community, Immunity, and Vulnerability: Paradoxes and Possibilities in Postpandemic Diaconal Practice

This article discusses an inherent paradox in contemporary conceptualisations of community as a challenge to diaconia. Logics of protection separate insiders from outsiders, producing a fundamental antagonism between those who belong to the community and those who threaten it. During pandemics, this logic is exacerbated. When contagion threatens all, even the community needs to be protected from itself. Immunitarian defences are required for the safety of all community members. However, measures implemented to ensure immunity can also harm people’s mental and somatic health. This paradox presents ethical and practical challenges for inclusive justice, including diaconia. Concerning this dilemma, the article draws on Roberto Esposito’s reframing of community and immunitarian defence. Esposito argues that immunitarian mechanisms must promote tolerance of otherness through openness to its presence within. I suggest that this openness can be seen as a fundamental ontological vulnerability shared by all living creatures. Learning from recent contributions within vulnerability studies and feminist and trauma theologies, I employ Tony Addy’s concept of conviviality as a model for diaconal community building, seeking to elucidate the relevance of Esposito’s thinking to postpandemic diaconal practice.

Climate justice is social justice: articulating people’s rights to the city in Mumbai

Mumbai, India’s most populous city, faces rising temperatures, flooding, and pollution. Climate change is an urgent concern, yet strong disagreements divide the city’s population on the nature of appropriate responses to climate crisis. We find that urban activists in Mumbai make an explicit connection between social justice and climate justice. This paper studies three social movements working in Mumbai to secure access to housing, water and sanitation for marginalized communities. Building on the work of Nancy Fraser, Iris Marion Young and Henri Lefebvre, we argue that climate injustice in Mumbai has roots in structures of inequality based in class, gender, religion and migration status. Climate adaptation strategies run the risk of exacerbating inequalities when disasters strike. We seek design solutions that centre on inclusive justice rather than technocratic market forces. This paper opens up a conversation about global megacities, climate change and “urban climate justice from below”.

O Serviço Social e a intervenção com as pessoas trans. Um apelo na capacitação e integração dos profissionais desta ciência e profissão

It is a reality that some trans people experience obstructions in the fulfillment of human rights and are often deprived of a full compliance in the exercise of citizenship. There are organizations that promote the full civic participation of these people, urging the States to create policy that involve, promote, and assist the constraints that these people face nowadays. The Social Sciences have strengthened collaborative research in the debunking of prejudice, and Social Work emerges as a bridge in the devolution of citizenship and the empowerment of trans people, having as reference the values of Human Rights. Social workers are key allies in efforts to ensure well-being and equity for people with non-normative gender identity. These professionals are committed in promoting policies and programs that affirm, support, and value individuals and communities, ever committed to both social and justice inclusion.

Vulnerable populations in South America and facing the pandemic: what can our experiences reveal to the world?

The new coronavirus (SARS-CoV-2) pandemic brought an unimaginable health and humanitarian crisis to humanity, in addition to the need to rethink our way of life in society. The objective of this paper was to present data on the evolution of the pandemic in South America and the first confrontation measures adopted by governments, highlight the importance of scientific dissemination and demonstrate how social inequalities, especially in traditional vulnerable communities, can further impact small isolated populations. The exploratory study used secondary data from scientific articles, legal regulations, and informational and/or official communications, in relation to the advance of the SARS-CoV-2 pandemic in the South American continent. The results showed the importance of science in the dissemination of measures to prevent the spread of SARS-CoV-2, the need for a prioritization and logistical plan for vaccination and disease prevention in traditional vulnerable communities, and that the lack of access to connectivity, as an alternative to educational actions in a moment of social isolation, can further increase social inequalities. It was concluded that environmental education can directly contribute to the democratization of scientific information, collaborate in the construction of strategies to face the pandemic in South American countries in partnership with Governments and Non-Governmental Organizations, and facilitate the resumption of social and educational activities, seeking the construction of inclusive public policies and environmental justice, besides reducing inequalities.

A Future of Justice Inclusion: Examining Access to Justice in South Africa through the ‘Ethic of Care’ and ‘Complexity’

Abstract In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a number of multi-layered and complex causes. This article explores traces, connections, definitions and perceptions related to access to justice so as to allow for a deeper understanding of persisting justice problems. It employs a multi-disciplinary approach that examines worldviews on access to justice in South Africa through the lens of what Sohail Inayatullah terms ‘other ways of knowing’. These worldviews are also considered through the framework of the ‘ethic of care’ as formulated by Carol Gilligan and connected to the notion of ‘complexity’ as understood by Yvonne Malan and Paul Cilliers. The worldviews explored represent ‘different voices’ that discloses a possibility for a future of justice inclusion. The article calls for a people-centred approach to access of justice, underpinned by notions of humility, complexity, concreteness, and particularity.

Phronesis at the Human-Earth Nexus: Managed Retreat

This study explores how experiences from the current pandemic can inform societal responses to future climate change. To that end, an established philosophical concept of geoscientific insights (geoethics) is utilized to advice on governance under systemic uncertainty that, in turn, is a critical feature of complex-adaptive dynamics. Illustrative examples are the Covid-19 health pandemic and the impact of the global sea-level rise to threatening heights in the early 22nd Century. The term “geoethics” labels an emergent geo-philosophical school of thought rooted in geoscience expertise. When combined with contemporary political philosophies, geoethics leads to a geo-philosophical framework that can support adaptation to complex-adaptive dynamics by favoring multi-agent and context-depending processes (e.g., learning-by-doing). The proposed geo-philosophical framework merges geoethics with the political philosophies of H. Jonas (1903–1993), L. Kohlberg (1927–1987), and M. Bunge (1919–2020). These contemporary philosophies emphasize as relevant for achieving a modern caretaking society, respectively, “the hierarchy of societal coordination processes,” “the intergenerational responsibility of agents of change,” and “the balancing of individual wellbeing (happiness) and duties.” When these philosophies are combined with geoethics, a logical approach can be derived for policy design and decision-making. It emphasizes the “autonomy” (of the human agent) combined with a civic culture that favors “trustworthiness,” “scientific culture.” and a “culture of inclusive justice.” We argue that governance of adaptation to complex-adaptive dynamics (e.g., climate change impact) can be informed by the geo- and society-centric perspectives of the proposed geo-philosophical framework. It can address “Human Earth Nexus” governance issues using the knowledge of both natural and social sciences and applying the lens of geoethical thinking.

“Our Community Is Filled with Experts”: The Critical Intergenerational Literacies of Latinx Immigrants that Facilitate a Communal Pedagogy of Resistance

Anti-immigrant legal violence and grassroots organizing against it have fundamentally shaped the lives of immigrant children and families in the US. This article inquires into the intergenerational literacy, teaching, and learning practices of Latinx immigrants’ political mobilization, drawing on qualitative data from a larger yearlong practitioner inquiry study that involved observant participant field notes, artifacts, photographs, and in-depth interviews with 11 undocumented and documented Latinx immigrants with whom I, a Latina immigrant, shared an organizing practice. Through analysis grounded on literacy as critical sociocultural practice, intergenerational learning, and Chicana/Latina education in everyday life, I argue that Latinx immigrants mobilize against oppression through critical literacy practices that facilitate what I theorize as a “communal pedagogy of resistance.” This is an intergenerational pedagogy enacted in communal spaces that grows from Latinx immigrants’ facultad, meaning the critical consciousness and epistemic privilege that results from living in the liminal space of the borderlands. This pedagogy views our community’s cultural, literacy, and linguistic practices as strengths and tools of resilience and resistance, and expands our definition of family and our sense of interdependence to fellow oppressed communities, teaching us to enact inclusive justice. A key takeaway is that Latinx immigrant students’ educational and literacy practices cannot be separated from those of their wider family/community, nor from their intergenerational sociopolitical struggles and expertise. Another is that intergenerational literacy and learning are bi/multidirectional. Implications include the need for educational institutions to learn from this pedagogy, and for additional literacy research into communal sociopolitical mobilization.

DETERMINING THE EFFECT AND EFFICIENCY OF INVESTING IN HUMAN CAPITAL

In the concept "Azerbaijan 2021-2030: National Priorities for Socio-Economic Development" approved by the Decree of the President of Azerbaijan dated February 02. 2021 the following five National Priorities for socio-economic development of the country should be implemented in the next decade: 1. Steadily growing competitive economy; 2. A society based on dynamic, inclusive and social justice; 3. Competitive human capital and space for modern innovations; 4. Great return to the liberated territories; 5. Clean environment and "green growth" country. It is clear that sustainable development is also a process of economic and social change in which harmonious development, balanced development, natural resources, investment, scientific and technological development, personal development and institutional change are linked and strengthen the current situation.

Clinical Legal Education—A Robust Instrument for Attainment of Justice: An Indian Perspective

Legal education is to serve the purpose of creating well-versed and proficient professionals who can render the best legal service to the people and help them get justice. Moreover, it is also to produce law-abiding and well-informed citizens who can carry out their duties in their professional life (irrespective of the nature of profession) for maintaining the rule of law. Along with a very strong foundation of substantive law, law students must also be oriented to the application of law during their undergraduate programme. This goal is to be realized through clinical legal education (CLE), which was introduced with an aim of combining the theory with practice. It also helps inculcate a sense of social justice in law students, as they closely see the application of law in a real life situation; they realize how law benefits people; they get closely connected to the society; they learn professional ethics; they develop problem solving approach; they get immeasurable satisfaction and confidence in the power of law; and more particularly, they comprehend that law is the real robust instrument to ensure and secure inclusive justice in the society. CLE, thus, makes the legal education all-inclusive and wholesome by making law students the agents of social change and champions of justice. This research article argues that CLE is indispensable for the attainment of inclusive justice. It also gauges the state of CLE in India from this perspective. Lastly, the article offers a few convincing suggestions which need to be incorporated in the legal education framework of India in order to ensure the higher goal of attainment of inclusive justice in India.

Racial justice pedagogy: foregrounding what it means to be an immigrant teacher of color in the United States

This paper contributes to the discourse on the role of critical pedagogy in the U.S. education system. The paper is inspired by the story of a participant from a larger ongoing phenomenological study designed to explore the experience of immigrant teachers in the United States. The participant was selected because she gained prominence in the larger study as the only teacher who reported that because of the injustices she experienced (personally and vicariously) during her K-12 education, she was inspired to pursue teaching as a career. The participant is a Black female teacher who immigrated from England to the United States, and who has taught for approximately 30 years between both countries. Her experience as a student and her work as a teacher, are reflective of, and analyzed through the lens of critical pedagogy. The participant’s experience was carefully and respectfully crafted into a profile that produced three major themes: (1) Racial injustice as an altruistic inspiration to becoming a teacher; (2) the work of the immigrant Teacher of Color in the United States necessarily involves actuating an inclusive and racial justice curricular agenda; and (3) what it means to be an immigrant Educator of Color in the United States is to conceptualize your practice as a deliberate political act that counteracts racial injustice and inequity.

National Judicial Policy for Inclusive and Accessible Labor Justice: Permanent Programs and Actions Aimed at the Inclusion and Accessibility of People with Disabilities at Work

National Judicial Policy for Inclusive and Accessible Labor Justice: Permanent Programs and Actions Aimed at the Inclusion and Accessibility of People with Disabilities at Work

The Reflective Practice for Sustainable Future

This paper reviews the initiatives taken by the library of Buddhist and Pali University of Sri Lanka (BPUSL) to achieve the SDGs to create sustainable environment in the library as well as in the university. It also discusses various steps taken by the university as well as the other units connecting it to information as a strategic resource and attempts an articulation of the concept of sustainable information and quality education, building on sustainable future at the university under the theme of “sustainable university”. The article discusses further recent initiatives taken to upgrade the quality of the library services, automation project to automate the whole library collection, scanning important rare and old books to create digital archive, preparing attractive library building by planting flowers and facilitating natural resources for reading areas addressing the goals on quality and equitable education, gender equity, literacy skills, health, and the promotion of peaceful and inclusive societies, justice and strong institutions. The main objective of the article is to share reflective practices among LIS professionals in the field. Action research method was applied to write this article as it describes the reflective practices which promote sustainable future in the university and future endeavors as well. The paper concludes with suggestions on integrating concepts of sustainable information into higher education and role of information professionals towards the achievement of sustainable goals.