Law, Policy and Legal Aid in Humanitarian Settings

About the Issue

In contexts where political, social, cultural, institutional, economic and legal systems have been severely weakened or disrupted by armed conflict, violence, disasters, and public health emergencies, communities affected by crises and displacement face heightened protection risks and significant barriers to the full enjoyment of their rights. These challenges arise from legal and policy frameworks that may not fully incorporate international standards or adequately address the protection needs of displaced populations. They are further compounded by limited institutional capacity within justice systems, social norms and practices that restrict access to justice, varying levels of political commitment to protection, and insufficient availability of legal aid, civil documentation, and other essential protection services. Without strong laws and policies as well as effective access to justice, people affected by crises and displacement remain vulnerable, risk denial of rights, and face exclusion from essential services. This is why promoting the implementation at the national level of relevant international law, including by supporting the ratification of relevant treaties as well as the establishment and implementation of adequate legal, policy and institutional frameworks, is therefore paramount.

Advancing Legal, Policy and Institutional Frameworks

While law- and policy-making is an essential exercise of state sovereignty, Protection Clusters and their members have an important role to play in advocating for and supporting States in the development and implementation of their laws and policies for protection outcomes; particularly relevant in many contexts are laws and policies relating to the protection of internally displaced persons (IDPs), often necessary for the incorporation of the Guiding Principles on Internal Displacement (or the domestication of the African Union Kampala Convention as relevant) into national legislation. For an overview of existing legal and policy frameworks in this area, check UNHCR's IDP Law and Policy Dashboard

The engagement of field Protection Clusters in the law-and-policy area should be based on a solid analysis of the legal and policy context, which should be an integral part of the protection context-based analysis informing the overall strategic planning. 

Strengthening Access to Justice Through Legal Aid

Legal aid is an essential component of protection, yet it is often overlooked in humanitarian responses despite its importance for enabling crisis‑affected populations to exercise their rights and navigate judicial and administrative systems. Without legal support, many people affected by crises and displacement face discrimination, administrative obstacles and systemic weaknesses that hinder access to employment, documentation, education, housing, health care, social services and property restitution. Legal aid is critical to ensure these barriers are addressed and that the rights of affected communities are effectively upheld. As a result, field protection clusters, their members and partners should understand and assess the legal aid needs in their countries of operation, promote relevant legal aid intervention, and develop necessary knowledge products and tools to address legal aid needs collectively. 

For further information on the work of the GPC in this area, the following key documents may be consulted: 

• Final Project Document: Legal Aid in Humanitarian Settings
• Legal Aid Analysis Framework
• Legal Analysis Guide
• Legal Aid in Humanitarian Settings - Conceptual Framework
• Survey Report on Legal Aid