Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 135
Obstacles: victims lack access to money to progress their
case
Some failures of political will are in the form of obstacles, which
may be easy or difficult to overcome, depending on a woman’s
circumstances, particularly her independent access to money.
Often women are financially dependent on family members,
who may or may not themselves be the perpetrators of abuse.
Without control over finances, these women cannot seek
justice. Money may be necessary to pay for court fees,
representation by lawyers, and for obtaining evidence such as
medical reports or scientific testing for physical evidence of
blood, or semen in cases of rape. Some needs for money
manifest themselves in the form of corruption, where
perpetrators may seek to pay off a victim and the victim
accepts this rather than pursuing a prosecution.
Alternative justice systems
Many States provide or encourage mediation or various other
forms of alternative dispute resolution, particularly for domestic
violence. These may be religious or secular in character, but
frequently are staffed by prominent people in the community,
who already have religious, tribal or traditional roles or
authority. They tend to be staffed mainly by men, reflecting the
stereotypical role of men as authority figures.
Alternative dispute resolution has sometimes been portrayed as
positive for women, as it tends to be lower in cost than secular
mainstream judicial processes and can be a faster, more
flexible process and generally more accessible to women,
particularly rural women.
There are many forms of alternative dispute resolution
mechanisms and procedures. Describing and evaluating each
one individually is beyond the scope of the present Guide. They
may range anywhere from quasi-judicial mechanisms, to
arbitration to informal mediation or facilitation forum. Given the
dysfunctional state of many ordinary or official justice systems
as vehicles for effective justice, it is tempting to pursue what
may be a more promising, if imperfect, means of redress.