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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 151
Information and communications technology should be
used effectively to facilitate such programmes;
“d) Develop partnerships with competent non-governmental
providers of legal aid and/or train paralegals to provide
women with information and assistance in navigating
judicial and quasi-judicial processes and traditional
justice systems; and
“e) In cases of family conflicts or when the woman lacks
equal access to the family income, means testing
eligibility for legal aid and public defense should be
based on the real income or disposable assets of the
woman”. 395
The right of women to access legal aid
The 2013 United Nations Principles and Guidelines on Access to
Legal Aid in Criminal Justice Systems require that legal aid
should be provided free of charge for those without means
(including victims or witnesses) or where the interests of
justice so require. 396
Article 41(f) of the Principles and Guidelines require that where
a woman brings a case against a member of her family, her
income must be assessed as an individual, taking account of
the means that she has access to; her income should not be
assessed on the basis of the family’s income.
The Principles and Guidelines also require that States include a
gender-perspective in their legal aid processes.
Guideline 9 of the Principles and Guidelines concerns
implementation of the right of women to access legal aid,
paragraph 52 providing:
395
CEDAW General Recommendation No 33, above note 383,
paragraph 37.
396
United Nations Principles and Guidelines on Access to Legal Aid in
Criminal Justice Systems, adopted by the General Assembly under its
resolution 67/187 (2012), paragraph 8.