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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 181
marital property, either owned or leased (family law and
property law), employment law, access to social support and
financial benefits, and migration issues. The CEDAW Committee
has called on States parties to: “Consider the creation of
gender-sensitive family judicial or quasi-judicial mechanisms
dealing with issues such as property settlement, land rights,
inheritance, dissolution of marriage and child custody within
the same institutional framework”. 496
Affordability: access to legal aid
“A crucial element in guaranteeing that justice systems are
economically accessible to women is the provision of free or
low-cost legal aid, advice and representation in judicial and
quasi-judicial processes in all fields of law”. 497
The CEDAW Committee has recommended that States parties:
(a) “Institutionalize systems of legal aid and public defense
that are accessible, sustainable and responsive to the
needs of women; and ensure that these services are
provided in a timely, continuous and effective manner at
all of judicial or quasi-judicial proceedings, including
alternative dispute resolution mechanisms and
restorative justice processes. Ensure unhindered access
to legal aid and public defense providers to all relevant
documentation and other information including witness
statements;
(b) “Ensure that legal aid and public defense providers are
competent, gender- sensitive, respect confidentiality
and are granted adequate time to defend their
clients”. 498
Furthermore, the UN Principles and Guidelines on Access to
Legal Aid in Criminal Justice Systems require that: “Without
496
CEDAW General Recommendation No 33, above note 383,
paragraph 46(b).
497
Ibid, paragraph 36.
498
Ibid, paragraph 37.