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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 183
(g) “Mechanisms and procedures are established to
ensure close cooperation and appropriate referral
systems between legal aid providers and other
professionals (i.e., health, social and child welfare
providers) to obtain a comprehensive understanding
of the victim, as well as an assessment of his or her
legal, psychological, social, emotional, physical and
cognitive situation and needs.” 500
Family law and gender-based violence
In situations of domestic violence, divorce or other forms of
legally-recognized separation is often an important form of
justice, but not complete in itself.
In the context of gender-based violence, there are several
important issues relating to discrete areas of law.
Priority: The best interests of the child
In a situation of gender-based violence where children are
affected – either as witnesses of violence against a woman,
especially where their mother is subjected to domestic
violence, or subjected to violence themselves – the best
interests of the child is the overriding principle for courts to
consider:
“The [CEDAW] Committee recalls that in matters of child
custody and visiting rights, the best interests of the
child must be a central concern and that when national
authorities adopt decisions in that regard they must
take into account the existence of a context of domestic
violence”. 501
500
Ibid, Guideline 7, paragraph 48.
501
Angela González Carreño v Spain, CEDAW Communication No
47/2012, UN Doc CEDAW/C/58/D/47/2012 (2014), paragraph 9.4.
See also Committee on the Rights of the Child, General Comment No
14, above note 440.