By Brincy James George.
“When we design for disability first, you often stumble upon solutions that are better than those when we design for the norm.” - Elise Roy
The 2018 Ability Magazine publication, “People with Disabilities have Severely Limited Access to Justice System, Report Finds”, included The Global Initiative for Inclusive ICTs (G3ict) report that indicated People with Disabilities face tremendous barriers in the justice system, and even referred to, “lack fundamental access to the legal system”. In accessing the court system alone, the study concluded that 93 per cent responded they lack access to information.
While 81 per cent found it cumbersome to participate in courtroom proceedings and 70 per cent had difficulty with filing and tracking their case updates. The report also highlights and analyses the impact of technology in strengthening Access to Justice for People with Disabilities.
Accessible Information: Examples
The Disability Divide generally touches upon unequal access to resources and services affecting People with Disabilities at large. For legal services to be inclusive and equitable, a viable starting point can be to equip users in need with adequate awareness, which serves as an integral step in the Access to Justice participation- how legal information is designed and whether is it user-friendly.
As part of the United Nations Sustainable Development Goals #Envision2030, there are 17 goals enumerated to transform the world for Persons with Disabilities. The UN Flagship Report on Disability and Sustainable Development Goals Executive Summary was prepared in two versions: an Easy-Read guide along with a mostly text-filled publication. Including a simply illustrated Easy- Read format is indeed an assuring move to deliver accessible information to readers in need. The publication also begins by asking a pertinent question: “How well are countries doing to make the world better and fairer for People with Disabilities?”. A few other significant guides that shed a light on accessible information delivery are as follows:
1. Support for Justice - a Guide for People with a disability, their Support Professionals, Family Carers, Friends and Advocates, is designed in collaboration with Inclusion Melbourne & Victorian Advocacy League for Individuals with Disability (VALID). One can find that this guide uses the Supported Reading Design, serving two groups of users at the same time- Support Workers and Readers in need. The guide consists of the left-hand pages written in plain language, whereas, the right-hand pages are written using easy-to- read language using larger letters/pictures respectively.
2. Just4All Project, funded by the EU Justice Programme (2014-2020), this project saw a collaborative effort comprising five eminent organizations: the European Association of Service Providers for Persons with Disabilities (EASPD), European Disability Forum (EDF), Fundación ONCE, Thomson Reuters Fundación and, 'Gregorio Peces-Barba' Institute of Human Rights of Universidad Carlos III de Madrid. This project aims to promote Access to Justice for People with Disabilities by raising awareness among legal professionals on the needs of people with disabilities and providing much-needed training as well. The project is aimed to promote the efficient information delivery of the European Charter of Fundamental Rights, the UN Convention on the Rights of Persons with Disabilities and EU legislation on Disability.
3. AccessAbility Playbook: The Centre of Expertise for Accessible Client Service headed by the Employment and Social Development Canada (ESDC) designed the AccessAbility Playbook to raise awareness about accessibility in client service and how to handle challenges in service delivery. This playbook delves into numerous focus areas: from designing experiences to be more inclusive, to, fostering an accessibility-supportive culture.
Road to Accessibility with Legal Design:
One of the Ten Legal Design Philosophies set forth is, ‘A Seat at the Table for Everyone’, where Legal design practices aim to establish inclusivity. After all, the crux of Legal Design is being human-centered in law. Contracts being visually depicted is a profound example of levelling up the legal sector with Legal Design principles. Forefront at justice innovation, the Hague Institute for Innovation of Law (HiiL) emphasizes; “Contracts are drawn with cartoons; contracts that anyone can understand. People who are illiterate, have a visual disability or simply do not understand the legal terms in a contract can now easily understand what they sign. A prime example of user-friendly justice.”
Several leading names addressing the cause in the Visual Contracts space include Creative Contracts, Alternative Contracting, and Comic Book Contracts. Western Australia’s Individualized Services (WAiS) aimed to humanize contracts and launched visual employment contracts in 2020. With three years of meticulous testing and consultations, Professor Camilla Baasch Andersen from the University of Western Australia spearheaded this project, which has been described, as “an invaluable tool that empowers people with disabilities to take control of their lives.”
To see accessibility concerns discussed in the Legal Technology space is noteworthy as well; the prominent LegalTech company, Josef, draws attention to the values in the company’s blog post published, “Accessibility, Empathy and Legal Tech”. This post proves how being empathetic while designing solutions is indispensable.
Stanford Legal Design Lab Executive Director, Margaret Hagan, in the working prototype of her book, Law By Design, illustrates Six Orders of Legal Design Interventions, which serve key potential in addressing Access to Justice measures. The major orders emphasize how to navigate necessary legal procedures by keeping users at the core:
Plain Language: Using easily understandable jargon-free words
Visual Composition: Through a balanced information architecture with visuals and texts
Interactive Tools: Making customized, and responsive tools
Smart Assistance: Specific predictable advice to facilitate easy decision making
Complete Journey: Coordinating providers and tasks for a seamless experience
System Redesign: Implementing the intuitive design-led approach in actual procedures, rules, forms, and organizations.
In the process of designing user-centric solutions for accessibility, it is vital to take note of how unique every user's experience can be, and a ‘one size fits all’, wouldn’t be an ideal approach. The tendency to generalize disabilities often arises and can lead to inaccuracies while designing solutions. It is essential to note how to distinguish the type of disability and understand unique needs. Last month, on the International Day of People with Disabilities, Thought Leader in Disability Advocacy and Global Accessibility consultant, Meryl Evans’ LinkedIn post rightly highlighted this concern, “Understand one person does not represent an entire disability category”.
There is indeed a long way to go when it comes to enhancing accessible measures in the legal sector. Nevertheless, Legal Design makes it possible for the law to be more accessible, user- friendly and driven by inclusive practices. The need of the hour calls for mainstreaming and resolving complexities existing in the information architecture commonly seen in legal practice. Raising awareness and advocating better solutions customized for People with Disabilities across all spectrums prioritizing their needs require to be amplified. Legal academic institutions can be a great place to begin with, by encouraging to engage law students in the conversation and fostering proactive participation. Furthermore, as seen in the Just4All Project, collaboration with diverse stakeholders is crucial to successfully implement initiatives on accessibility and inclusion.
Making a meaningful difference by being empathetic towards the needs of People with Disabilities and fostering public awareness is essential to move in the right direction for paving the accessible pathway in the legal sector. There are limitless ways to get started- from simplifying legal information to streamlining legal processes, Legal Design can be a gateway to ensure an inclusive and equitable environment in the legal sector.
About the Author
Brincy James George is a Legal Designer and Curator at Legal Design Desk. She is enthusiastic about researching and working towards an Empathy-driven approach and fostering Intuitive Design practices in the legal sector.
You can reach out to her on LinkedIn:
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