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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 185<br />

<br />

<br />

“Availability, in appropriate cases, of professionally run<br />

supervised visitation centres;<br />

“A survivor of violence who has acted in self-defence,<br />

or fled in order <strong>to</strong> avoid further violence, should not be<br />

classified as a perpetra<strong>to</strong>r, or have a negative<br />

inference drawn against her, in cus<strong>to</strong>dy and visitation<br />

decisions; and child abuse and neglect proceedings<br />

should target the perpetra<strong>to</strong>rs of violence and<br />

recognize that the protection of children is often best<br />

achieved by protecting their mothers.” 503<br />

Employment Law<br />

Legislation should protect the employment rights of women<br />

subjected <strong>to</strong> gender-based violence, including from<br />

discrimination or abuse from other employees as a result of the<br />

woman’s abuse. Women should not be penalized where the<br />

violence has impacted on their work, for example where work<br />

has been missed because of healthcare, legal proceedings or<br />

access <strong>to</strong> other services. 504<br />

Housing Law<br />

Women subjected <strong>to</strong> violence are often forced <strong>to</strong> remain in<br />

situations where they are vulnerable <strong>to</strong> abuse due <strong>to</strong> an<br />

inability <strong>to</strong> find appropriate alternative accommodation.<br />

Legislation should prohibit discrimination in housing against<br />

survivors of violence, including by prohibiting landlords from<br />

evicting a tenant, or refusing <strong>to</strong> rent <strong>to</strong> a prospective tenant,<br />

because she is a survivor of violence. The law should permit a<br />

survivor <strong>to</strong> break her lease without penalty in order <strong>to</strong> seek<br />

new housing. States should consider providing specialized<br />

assistance, for example, access <strong>to</strong> affordable housing, <strong>to</strong><br />

women victims of violence. 505<br />

503<br />

Ibid, page 55.<br />

504<br />

Ibid, page 32<br />

505<br />

Ibid, page 33.

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