Health justice partnerships: a promising model for increasing access to justice in health services

2019 ◽  
Vol 43 (6) ◽  
pp. 636 ◽  
Author(s):  
Virginia Lewis ◽  
Lauren Adamson ◽  
Faith Hawthorne

Many people experience legal issues that affect their health, but do not seek legal help, particularly if they are disadvantaged in some way. This may be because they do not recognise they have a legal problem, they are unwilling or unable to address it, or they do not know how to go about dealing with it. Most people seek health care at some point, so linking health and legal services may help promote access to justice. There have been ongoing efforts in Australia to link health and law services, such as through co-locating health and legal services or through running legal ‘clinics’ in health services, but these have not always reached the intended clients. Fully integrated health justice partnerships are a model where the law/health partnership is collaborative at all levels of the organisation. This perspective piece argues that the model is particularly suitable for health services that have clients with needs in a specific area of law, and should be carefully targeted to where it is most needed. Factors that contribute to successful implementation of the model are described.

2008 ◽  
pp. 107 ◽  
Author(s):  
Alice Woolley

Access to justice is an integral component of the legal system. However, the question of upon whose shoulders the obligation of ensuring this access should fall has been widely debated. In particular, do lawyers, as part ofthe legalprofession, have a special obligation to foster access to justice? In this article, the author explores the legitimacy of various arguments with respect to whether lawyers should carry this obligation to a greater extent than other members of society. The author begins by critiquing the traditional arguments related to imposing such an obligation on lawyers — for instance, the refined monopoly arguments. She then goes on to critically consider an alternative argument: that imperfections in the marketfor legal services justify the existence of a special obligation for lawyers. An examination of the limitations of this justification follows. Overall, the author concludes that while the arguments arising from imperfections in the legal market offer the best justification for seeing lawyers have a special obligation to ensure access tojustice, the claims from the argument are modest ones, and any policy response in furtherance of such an obligation should be similarly modest.


2013 ◽  
Vol 31 (1) ◽  
pp. 1
Author(s):  
Patricia Hughes

Recent reports about access to justice have focused on issues of affordability, with little reference to the differences of equity-seeking groups. They have tended to recommend “generic” solutions intended to help people represent themselves better and to access limited legal services that fail to consider characteristics that exclude people from using them effectively. The author argues that if factors such as low literacy or living in remote areas are not taken into account, generic solutions run the risk of perpetuating exclusion rather than increasing access to justice.       Des rapports sur l’accès à la justice qui ont été publiés récemment s’intéressent principalement à la question de la capacité de payer et s’attardent peu aux différences au sein des groupes en quête d’équité. Ils tendent à recommander des solutions « génériques » pour aider les justiciables à mieux se représenter eux‑mêmes et à jouir d’un accès à des services juridiques limités qui ne tiennent pas compte des facteurs qui empêchent les gens d’utiliser ces services efficacement. L’auteure plaide que si des facteurs tels qu’une faible littératie ou le fait de résider dans une collectivité éloignée ne sont pas pris en compte, les solutions génériques risquent de perpétuer l’exclusion plutôt que d’améliorer l’accès à la justice.      


2012 ◽  
Vol 18 (3) ◽  
pp. 180-182 ◽  
Author(s):  
Mike Slade

SummaryRoutine use of Health of the Nation Outcome Scales (HoNOS) has not produced the anticipated benefits for people using mental health services. Four HoNOS-specific reasons for this are: low relevance to clinical decision-making; not reflecting service user priorities; being staff-rated; and having a focus on deficits. More generally, the imposition of a centrally chosen measure on the mental health system leads to a clash of cultures, since frontline workers do not need a standardised measure to treat individuals. A better approach might be to use research from the emerging academic discipline of implementation science to inform the routine use of a standardised measure that is chosen by the people who will use it and hence is more concordant with existing clinical processes. This is illustrated using a case study of successful implementation of the Camberwell Assessment of Need (CAN) in community mental health services across Ontario, Canada.


PEDIATRICS ◽  
1969 ◽  
Vol 43 (1) ◽  
pp. 154-154
Author(s):  
Abraham B. Bergman

The less physician time spent on routine well child care, the better. The growing demand for child health services without concomitant addition of manpower is forcing pediatricians to focus on tasks which require their unique talents and delegate those which do not to others. Surely medical school and house officer training do not (and should not) prepare one to serve as arbiter of what brand of shoes to purchase, the technique of rinsing diapers, or the correct temperature of bath water.


2018 ◽  
Vol 35 ◽  
pp. 149-176 ◽  
Author(s):  
Lisa Trabucco

Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.


Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.


2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales

<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>


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