The impact of digitalization on women’s access to justice

Abstract

Access to justice refers to the difference between the law in books and the law in action, which is one of the important topics of socio-legal studies. To ensure that the legal system meets societal expectations regarding justice, conceptualizing access to justice is crucial. Understanding access to justice requires considering it as a process, rather than just focusing on courts or individual support, like legal aid. The legal system is not exempt from the structural constraints in society at large, such as women’s subordinate position, poverty, and level of education. Women’s access to justice deserves special scrutiny because of their social position. Economic concerns, such as poverty and limited access to legal information, can contribute to inequalities faced by women in accessing justice. These inequalities manifest in various processes, such as applying to judicial authorities and filing lawsuits. Factors like education and participation in daily life and urban activities further differentiate women’s position in accessing justice. It is essential to identify the challenges that hinder women’s access to justice and propose ways to overcome them. Digitalization, as a phenomenon, conceives of important transformations and innovations in social life as well as in legal systems. It has the potential to eliminate some burdens of access to justice, and can also increase them. These two facets of digitization also highlight certain issues related to access to justice mechanisms. The imperative link between law, social structure, and access to justice causes the discussion of digitalization as a fact in the process of access to justice with its consequences. The study aims to examine the impact of digitalization on access to justice, specifically focusing on digital violence, the digital divide, and AI applications in law in accordance with recent advancements.