Exploring Co-creation, Visual Law and Legal Design to bridge legal understanding to groups in vulnerable situations

Explorando a Cocriação, o Legal Design e o Visual Law para o entendimento jurídico de grupos em situação de vulnerabilidade

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Giulia PAROLA¹; Cecília Silva CAMPOS²

¹ Professor at Università degli Studi di Torino, Facoltà di Giurisprudenza (Italy); Visiting Professor PPGDir (UFAM) – giulia.parola@unito.it

² Universidade Federal do Estado do Rio de Janeiro (Brazil) – ceciliacampos@edu.unirio.br

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ABSTRACT

Legal scholars and researchers can seek innovative approaches to expand the public understanding of rights, especially among those who are in situations of vulnerability and historically marginalized. In this context, within the scope of the Postgraduate Program in Law at UNIRIO (Brazil), two materials were developed with the aim of providing access to information and, simultaneously, ensuring the participation of a vulnerable population in Brazil in the process of understanding and disseminating the Law: the books titled 'The Escazú Agreement in Comics' and 'Tarumã, Waters that Speak'. Using an inclusive legal methodology through Legal Design and Visual Law tools and co-creation, the books aim to promote participation, diversity, and spaces for innovative collaboration in research.

Keywords: environmental law; vulnerable groups; inclusive methodology

RESUMO

Os estudiosos e pesquisadores do direito podem buscar abordagens inovadoras para ampliar o entendimento público sobre os direitos, especialmente entre aqueles em situações de vulnerabilidade e historicamente marginalizados. Neste contexto, no âmbito do Programa de Pós-Graduação em Direito da UNIRIO (Brasil), foram desenvolvidos dois materiais com o objetivo de proporcionar acesso à informação e, ao mesmo tempo, garantir a participação de uma população vulnerável no Brasil no processo de compreensão e disseminação do Direito: Os livros intitulados 'O Acordo de Escazú em Quadrinhos' e 'Tarumã, Águas que Falam'. Utilizando uma metodologia jurídica inclusiva por meio de ferramentas de Direito Visual e Design Jurídico e a Cocriação, os livros visam promover a participação, a diversidade e espaços para colaboração inovadora na pesquisa.

Palavras-chave: direito ambiental; grupos vulneráveis; metodologia inclusiva

Introduction¹

Vulnerable groups are often disproportionately affected by environmental issues (KRIEG & FABER, 2004). Pollution, natural calamities, and contaminated resources are unevenly distributed across society, disproportionately affecting marginalized communities. In the context of addressing climate change, for instance, this implies that racial minorities bear the greatest burden of the environmental impacts, including Indigenous peoples (TESSUM et al., 2021; WALLACE, 2021). Additionally, individuals living in poverty have a notably restricted ability to adapt; the majority lack the financial means to adjust to the alterations in lifestyle and living conditions prompted by climate change (BIRKMANN et al., 2022).

Within this framework, it is important to ensure that these groups of people have access to information about environmental issues and have the possibility to participate in the decision-making process. Their voices should be heard, and environmental policies and regulations should be designed with their needs in mind.

At the international level, the foremost global standard regarding access to environmental information, public involvement, and justice in environmental matters originates from the United Nations Conference on Environment and Development (Rio 1992), widely known as the Earth Summit. Moreover, recognizing the importance of public access to information and the idea that sustainable development can only be achieved with the involvement of all citizens –the Aarhus Convention– was adopted in 1998 within the scope of the European Community. Officially known as the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (UNECE, 1998), it has strongly influenced subsequent agreements. The most important treaty in this topic is the Escazú Agreement, also known as the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters, adopted in the Latin American and Caribbean region in 2018 (ECLAC, 2018).

As a means of partially implementing the treaty, the Postgraduate Program in Law at the Federal University of the State of Rio de Janeiro (UNIRIO) facilitated the co-creation of two books. These books serve the dual purpose of providing access to information and fostering the engagement of vulnerable communities in Brazil in both understanding and disseminating legal knowledge:

1. The Escazú Agreement in comics with and for the Chiquitano people. A co-created project of legal design and visual law;

2. Tarumã, waters that speak. A legal design and visual law project, co–created by law students and the Chiquitano people: the pollution of the Tarumã river and its consequences for the Chiquitano people.

The research question this article seeks to address is how co-creation, Legal Design, and Visual Law can be utilized in the academic field as tools to enhance environmental participation and access to information among individuals and groups that have been historically marginalized. To answer the mentioned research question, this paper will present the books as case studies, demonstrating the importance of co-creation for responsible research and innovation in the fields of environmental and Indigenous law. These books, developed through broad participation involving members of the Chiquitano Indigenous people (Mato Grosso, Brazil), law students (PPGD- UNIRIO), lawyers, and academics, use an inclusive legal methodology grounded in Legal Design and Visual Law tools. This approach aims not only to promote participation, diversity, and innovative collaboration in research but also to strengthen participants’ commitment to empathy, compassion, and care for both people and the environment (TSIOUVALAS & CAMPOS, 2023).

Legal Regulations to Strength Environmental Governance through Inclusive Access, Participation, and Justice

Co-operative mechanisms, including treaties and agreements, are fundamental for the successful management of common pool resources, like water. Effective governance in this area requires a network of institutions that collaborate closely. Multi-level governance and benefit-sharing approaches can be highly synergistic with participatory methods, which promote social inclusion in negotiations, decision-making, and management (PATRICK et al., 2014). Involving diverse stakeholders, particularly marginalized and minority communities, ensures that a variety of perspectives and needs are considered. This inclusive and cooperative framework not only enhances social justice but also fosters resilience and adaptability in addressing the complex challenges of environmental governance.

The primary global benchmark concerning access to environmental information, public participation, and justice in environmental affairs stems from the United Nations Conference on Environment and Development (Rio 1992), commonly recognized as the Earth Summit. The Earth Summit marked several significant accomplishments, including the establishment of the Rio Declaration with its 27 universal principles, the inception of the United Nations Framework Convention on Climate Change (UNFCCC), the adoption of the Convention on Biological Diversity, and the formulation of the Declaration on the Principles of Forest Management. In the context of environmental procedural rights, the Rio Declaration Principle 10² was the first principle playing an extremely important role in setting international standards of environmental participation. Following the adoption of Principle 10, significant progress was evident, not only within individual nations but also on the multilateral front. This demonstrated an increasing commitment among countries to integrate access rights into their regulations, as evidenced by their inclusion in numerous multilateral environmental agreements (RODRIGUEZ & MENEZES, 2022).

The first implementation of this Principle, in a binding international instrument, was the Aarhus Convention (BELLO & PAROLA, 2017). It stands as a significant international agreement aimed at enhancing public participation, access to information, and justice concerning environmental matters, contributing to more inclusive and sustainable environmental governance. In this sense, the Aarhus Convention has influenced environmental policies and legislation in participating countries, leading to the development of environmental democracy³ in Europe (PAROLA, 2020).

More recently, in 2018, the Latin American and Caribbean region adopted an agreement known as the Escazú Agreement. It is an important regional treaty concerning environmental rights, with a special focus on marginalized people and an innovative provision on the rights of environmental defenders.⁴ In particular, in Article 2, it states that the Parties have a special obligation to persons or groups in vulnerable situations, meaning those who “face particular difficulties in fully exercising the access rights recognized in the present Agreement”.

Both Aarhus and Escazú Treaties prioritize the principles of environmental democracy by emphasizing the importance of public access to information, public participation in environmental decision-making processes, and access to justice in environmental matters. While their geographic scopes differ, both agreements share core objectives in promoting inclusive and participatory approaches to environmental management and protection. Although the structure of the Escazú Agreement mirrors that of the Aarhus Convention, with a clear symmetry between their respective articles and content (PAROLA, 2020), the Escazú Agreement places additional emphasis on the importance of international cooperation among participating countries in addressing environmental challenges. It encourages collaboration, information exchange, capacity-building, and the sharing of best practices to promote sustainable environmental management. By promoting the involvement of citizens, communities, Indigenous groups, and other stakeholders in decision-making processes related to environmental issues, they aim to ensure that diverse perspectives are considered and that affected parties have a voice in the policies that impact them.

This approach embodies the principles of social justice, emphasizing the importance of procedural justice and equitable allocation rules to ensure fair outcomes. Involving a diverse range of stakeholders–including vulnerable, marginalized, and minority groups–fosters opportunities for innovative solutions to complex problems, as their varied perspectives and experiences contribute to more comprehensive and effective decision-making (PATRICK et al., 2014).

In this sense, providing transparent and accessible information about environmental conditions, risks, policies, and decision-making processes empowers the public to make informed choices and hold decision-makers accountable. Additionally, ensuring that all individuals–regardless of their background, economic status, ethnicity, or social standing–have the means to navigate the legal system to protect their rights and seek remedies when those rights are violated means protecting a fundamental human right and a cornerstone of the rule of law.

While numerous environmental regulations are in place, the unfortunate truth remains that a significant portion of the population lacks awareness or has only a limited understanding of their rights, particularly those concerning the environment and society. It is for this reason that legal scholars and researchers must seek innovative approaches to broaden the public understanding of rights, especially among those who are in situations of vulnerability and historically marginalized (PAROLA & POTO, 2022).

In this context, aligned with the principle of access to information, facilitating the dissemination of crucial environmental information by translating legal documents related to environmental laws and regulations into language that is understandable for the general public, particularly for vulnerable and marginalized groups, directly reflects the essence of Principle 10 of the Rio Declaration. This approach empowers individuals with the knowledge necessary to understand their environmental rights and risks, as well as how they may be impacted by environmental policies and decisions. It also ensures that these communities have equitable access to information, can actively participate in environmental decision-making, and possess the means to seek justice, thereby promoting environmental democracy and fairness for all.

Tools to Facilitate the Dissemination of Legal and Environmental Information to Vulnerable Groups and Communities

To advance environmental democracy (PAROLA, 2020), it is essential to employ tools that effectively communicate the law to the public, particularly to minority groups such as Indigenous populations. This approach underscores the importance of communication and outreach strategies in ensuring the successful implementation and advancement of international environmental legal frameworks. Tools like Legal Design and Visual Law are instrumental in bridging the gap between complex legal documents and individuals who may encounter barriers due to language, literacy, or cultural differences. Additionally, involving Indigenous communities in the development of these communication tools fosters a participatory environment. By engaging them in the creation process, the information provided can be tailored to align with their needs, values, and perspectives, thereby fostering trust and a sense of ownership in legal processes.

Legal Design and Visual Law

Legal Design (LD) and Visual Law (VL) are innovative tools in the legal field that aim to enhance communication, understanding, and accessibility of legal concepts, documents, and information. While LD applies design principles to clarify legal information, VL employs visual elements which make that information more accessible (PAROLA & POTO, 2023, 2024). Specifically, LD involves the application of design thinking principles to the legal domain to create more effective and user-friendly legal services and systems. It focuses on improving the user experience by developing visually appealing, clear, and intuitive legal materials. This includes the use of clear typography, visual layout, graphics, and other design elements to make legal information easier to read and understand (HAGAN).

On the other hand, VL is a subfield of LD that emphasizes the use of visual elements such as diagrams, infographics, and other visual tools to make legal information more accessible and understandable (ALVES et al., 2022). In other words, VL refers to the use of visual tools and techniques to represent legal information, concepts, and relationships. It aims to enhance comprehension and retention of legal information by leveraging the brain's ability to process visual information more effectively than textual content alone (PAROLA & POTO, 2021).

In general, LD and VL offer several benefits and objectives, including: (i) enhanced accessibility, making legal information more understandable for individuals with varying levels of legal literacy; (ii) improved communication, using visual elements to more effectively convey complex legal concepts, facilitating clearer communication between legal professionals and laypersons; (iii) a user-centric approach, designing legal materials that cater to the needs, behaviors, and preferences of end-users, thereby improving usability and engagement; (iv) increased comprehension, simplifying legal content through visual representations to enhance understanding, reduce ambiguity, and prevent misunderstandings; and (v) empowerment of non-legal professionals, enabling individuals outside the legal profession to navigate legal documents and processes with greater confidence.

It is important to note that LD and VL methodologies continue to evolve, aiming to bridge the gap between legal experts and the general public, promote legal literacy, and facilitate better access to justice by making legal information more digestible and user-friendly.

Co-creation

In the academic field, co-creation refers to the collaboration between researchers, students, and other stakeholders in the development of new knowledge, research projects, or educational programs. This approach helps dismantle traditional hierarchies and power structures within academia, fostering more democratic and inclusive decision-making processes.

Co-creation shifts the focus of research from being solely guided by traditional scientific methods to one rooted in a collective and collaborative approach. It moves the knowledge system away from the traditional unidirectional dissemination of scientific information toward a collaborative process of knowledge construction known as co-production (LOSE & POTO, 2023).

Co-production requires a distinct approach to generating knowledge and redefining relationships at the intersection of science and society. This involves a transition from supply-driven to demand-driven models. Implementing co-production often necessitates uncomfortable yet crucial actions, such as redefining conventional notions of knowledge and challenging the dominance of science as the primary source of knowledge. This process may disrupt established organizational roles, practices, and routines, while addressing significant power imbalances among participants engaged in co-production processes (VINCENT et al., 2018).

To effectively integrate marginalized groups into the co-creation process, it is essential to provide them with a platform to voice their concerns and ideas. This inclusive approach aims to incorporate diverse perspectives and insights into academic work, ensuring that the research or academic output meets the needs and interests of all involved parties.

Co-creation promotes mutual learning and the exchange of knowledge between academics and non-academic stakeholders. It recognizes the unique expertise and experience that each participant brings, fostering a reciprocal learning environment. In this context, co-creation often involves an iterative process, where feedback loops allow for the continuous improvement and refinement of ideas, methodologies, or outputs based on input from all stakeholders.

Empowering Communities: Co-Creating Knowledge and Legal Understanding with/for the Chiquitano People

Within the scope of the Postgraduate Program in Law at the UNIRIO, two materials were developed to provide access to information and ensure the participation of vulnerable populations in Brazil in the process of understanding and disseminating the law. These materials employ an integrated methodological approach that combines critical legal research with empirical legal and anthropological studies, while also embracing and adapting the principles and techniques of knowledge co-creation, Legal Design and Visual Law.

A key aspect of this creative journey involved fostering empathy among the participants. This was achieved by studying, evaluating, and discussing the needs of the recipients/participants, which enabled the working group members to understand each other's perspectives and promote an empathetic approach to the law.

The Chiquitano territory, located on the border between Mato Grosso and Bolivia, faces severe challenges due to the lack of full demarcation, which exposes the community to significant environmental hazards and human rights abuses perpetrated by state-sponsored entities. The absence of secure land access results in precarious access to water and other essential resources vital to life, health, food security, and safety. As a result, the self-determination of the Chiquitano people is significantly compromised.

Given these challenges, there was a pressing need to increase visibility to foster a sense of accountability, cultural understanding, and mutual respect throughout the project (POTO & PAROLA, 2024). In response to this need, the books were developed using an inclusive and co-created legal methodology aimed at promoting participation, plurality, and open spaces for transformative engagement in research. Additionally, these efforts were designed to strengthen our commitment to empathy, compassion, and care for the people and the natural environment with whom we conduct our research.

The Escazú Agreement in comics with and for the Chiquitano people. A co-created project of legal design and visual law

This book, coordinated by Giulia Parola and Margherita Paola Poto, was the first result of projects conducted as part of an elective course at UNIRIO’s Postgraduate Law Program. The project involved students and researchers, as well as active participation from the Chiquitano people of Mato Grosso, Brazil. A key contributor was Silvano Chue Muquissai, an Indigenous member of the Chiquitano community and a graduate of the Federal University of Mato Grosso – Brazil (UFMT), along with other members from Aldeia Vila Nova Barbecho.

The primary aim of the first project was to co-create educational materials with the Chiquitano people to enhance environmental participation. Silvano Chue Muquissai served as a cultural mediator, bridging the gap between legal concepts and the Chiquitano reality. The Chiquitano community was deeply involved in the material development process, providing critical feedback on the appropriateness of design and implementation choices made by the working groups. The project emphasized the importance of integrating the perspectives of all stakeholders in the design process, incorporating elements of LD and VL.

Active participation from all parties fostered a sense of inclusion, empathy, and commitment. The project demonstrates that knowledge co-creation, supported by the collaborative use of LD and VL tools, can facilitate the resurgence of Indigenous perspectives and cosmovisions within scientific methodologies. The tangible outputs of the project, in the form of books, serve dual purposes: (1) they can be used as comic-style stories to educate and engage children on environmental rights, and (2) they provide a reference framework for academic courses in LD, VL, as well as environmental and Indigenous law, aiding in the design of classroom activities and creative group and individual projects.

This project exemplifies the application of an inclusive and co-created legal methodology, establishing avenues for participation, plurality, and transformative engagement in research. By continuing to engage in innovative research and educational methodologies, we underscore our commitment to embedding empathy, compassion, and care into research processes and the Law, benefiting the people and natural environments with whom we collaborate.

The books were met with enthusiastic reception from both Indigenous and scientific communities, resulting in positive feedback. A key suggestion that emerged was the urgent need for a Spanish version. This request was accepted, and we have published a Spanish version of the book in 2023 (PAROLA & POTO, 2023). The importance of creating a Spanish version of this material is significant for several reasons. First, Spanish is the dominant language across Latin American and Caribbean countries, acting as a unifying tool for spreading knowledge and fostering collaboration among diverse communities. Providing a Spanish version allows us to extend our reach, enabling more individuals and communities to access crucial information about environmental human rights and legal protections.

Additionally, a Spanish version is particularly relevant for the Chiquitano communities in Bolivia. Although they preserve their Indigenous language, Spanish is the primary means of communication in many aspects of their lives. Therefore, making these resources available in Spanish directly meets the immediate needs of these communities, ensuring they can fully understand and engage with the content. This, in turn, enhances their ability to advocate for their rights and protect their environment.

Tarumã, Waters that Speak. A legal design and visual law project, co–created by law students and the Chiquitano people: the pollution of the Tarumã river and its consequences for the Chiquitano people

This was the second LD and VL project, co–created by law students and the Chiquitano Indigenous people, which addresses the pollution of the Tarumã river and its consequences. The basic premise of the book is that water governance must ensure that we are responsible and collectively contributing to a functioning and healthy water system.

Starting from the theoretical framework and with the intention of modeling a collaborative water governance system, a re-reading of environmental rights was suggested by integrating Indigenous perspectives with the input of students engaged in environmental studies and the creative contributions of school communities. To achieve this objective, the project team adopted an integrated methodological approach, encompassing (i) critical legal research, and (ii) empirical legal and anthropological research. This approach embraced and adapted the principles and techniques of knowledge co-creation, LD, VL, visual communication, and illustrated storytelling.

The book includes a scientific rationale outlining the research and methodology, which emerged from a novel and innovative co-creation process. It also presents the result of a groundbreaking collaborative research effort involving members of the ECO_CARE team, law students from UNIRIO (Brazil), representatives of the Chiquitano People (including researchers, teachers, and community members), as well as students from the Chiquitano school in the village of “Nossa Senhora Aparecida”, the latter who illustrated the story.

In summary, the book is a narrative that features a dialogue between a child called Suru and the Tarumã River, focusing on the urgent issue of water pollution. In 2021, evidence revealed severe pollution of the Tarumã River caused by activities of landowners and farmers within traditional territories. Authorities discovered that a farmer had illegally constructed a dam on the river, significantly affecting its water quality and quantity. Throughout their conversation, the child and the Tarumã discuss nature, Indigenous culture, the impact of the situation on their lives, and how the Law could support them in resolving these issues. This dialogue is conveyed in a playful language, accompanied by numerous illustrations drawn by Chiquitano children.

It is important to note that the Chiquitano people were actively involved in nearly every stage of the book’s development, ensuring that their perspectives were considered and consulted. This was particularly crucial in adapting legal language into more accessible writing that could be understood by everyone.

The reception of these books ("Tarumã" originally written in Portuguese and later translated into English) was met with enthusiasm by both Indigenous and scientific communities, receiving positive feedback. However, as with the Escazú book, a notable suggestion emerged: to translate this work into Spanish for the same reasons previously discussed. Currently, a Spanish version is in the process of being published.

Conclusion

As previously discussed, vulnerable and marginalized communities are disproportionately impacted by environmental issues such as pollution and climate change, with racial minorities and impoverished individuals facing the most severe consequences. Their limited resources hinder their ability to adapt to environmental changes. It is crucial that these groups have access to environmental information and are included in decision-making processes.

Despite the existence of numerous environmental regulations, many people, particularly those in vulnerable situations, lack awareness of their rights. Legal scholars should advocate for innovative approaches to make legal information more accessible, particularly by translating legal documents into understandable language. This aligns with Principle 10 of the Rio Declaration, which aims to empower marginalized communities with the knowledge needed to understand their environmental rights, participate in decision-making, and seek justice, thereby promoting environmental democracy and fairness for all.

To advance environmental democracy, it is essential to use tools that effectively communicate the Law to the public, particularly to minorities such as Indigenous peoples. Techniques such as Legal Design, Visual Law and Co-creation, help make complex legal documents more accessible to those who face language, literacy, or cultural barriers. Engaging Indigenous communities in the development of these tools promotes a participatory approach, ensuring that the information aligns with their needs and values, which in turn fosters trust and a sense of ownership in legal processes.

In this context, the translation of the Escazú and Tarumã books into Spanish was a critical step in making these resources more accessible to a broader audience across Latin America and the Caribbean. Given that Spanish is the dominant language in these regions, the translations not only extend the reach of the information but also ensure that Indigenous communities, like the Chiquitano people, can fully engage with and benefit from the content. This effort directly supports the objective of enhancing environmental participation and access to justice among historically marginalized groups.

In conclusion, this article has explored how Co-creation, Legal Design, and Visual Law can be effectively utilized in the academic field to enhance environmental participation and access to information among historically marginalized individuals and groups. By presenting the mentioned books as case studies, we have demonstrated the potential of these innovative approaches to bridge the gap between complex legal frameworks and the communities most affected by environmental issues.

These methods, which include translating legal documents into accessible language and involving Indigenous communities in the development of communication tools, serve as powerful strategies for empowering those groups. They align with Principle 10 of the Rio Declaration, promoting environmental democracy by ensuring that all communities, particularly those with limited resources, can understand their rights, participate in decision-making processes, and seek justice.

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1. Giulia Parola wrote the Introduction, Sections 1 and 2, while Cecilia Campos wrote Section 3 and the Conclusion. Both authors contributed to the research, editing, and supervision of the final version of the article.

2. Principle 10. “Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided”.

3. Environmental democracy serves as a pathway toward constructing a new civilization by crafting methodologies aimed at shifting human behavior from environmentally harmful practices to environmentally beneficial ones. It encompasses facets of deliberative and participatory democracy, integrating processes and mechanisms that afford citizens a genuine opportunity for active participation. More information on PAROLA, G. Environmental Democracy at Global Level Rights and Duties for a New Citizenship. Versita, Versita Ltd, 78 York Street, London W1H 1DP, Great Britain, 2013.

4. Environmental defenders are individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora, and fauna. Some examples of environmental defenders include women, farmers, and indigenous peoples who fight against deforestation, extractives, or loss of cultural heritage or identity (UNGA, 2016).