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

152 PRACTITIONERS GUIDE No. 12
“States should take applicable and appropriate measures to
ensure the right of women to access legal aid, including:
“(a) Introducing an active policy of incorporating a gender
perspective into all policies, laws, procedures, programmes and
practices relating to legal aid to ensure gender equality and
equal and fair access to justice;
“(b) Taking active steps to ensure that, where possible, female
lawyers are available to represent female defendants, accused
and victims;
“(c) Providing legal aid, advice and court support services in all
legal proceedings to female victims of violence in order to
ensure access to justice and avoid secondary victimization and
other such services, which may include the translation of legal
documents where requested or required.”
Women who have been subjected to gender-based
violence should be recognized before the law and have
full legal autonomy
Under international human rights law, all persons have the
right to recognition before the law. 397 Women must therefore
have independent legal personality, and the consequent legal
standing to bring their own cases without the need to seek the
permission of a male relative or other family members. States
are required to ensure that “any attempt to restrict women’s
legal capacity shall be deemed null and void”. 398
397
International Covenant on Civil and Political Rights (ICCPR), Article
16 of which provides that: “Everyone shall have the right to
recognition everywhere as a person before the law”. See also
Convention on the Rights of Persons with Disabilities, Article 5(1) of
which states: “States Parties recognize that all persons are equal
before and under the law and are entitled without any discrimination
to the equal protection and equal benefit of the law”.
398
CEDAW Convention, Article 15(3).