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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 227
for women living in poverty”. 603 Some standards require free
legal aid to women victims of violence. 604
The CEDAW Committee has provided guidance to ensure good
quality, accessible legal aid, 605 which is set out in full in Chapter
VII of this Guide under the heading ‘Women subjected to
gender-based violence should have access to legal aid’.
The UN Handbook for Legislation for Violence against Women
recommends that States provide “free court support, including
the right to be accompanied and represented in court by a
specialized complainants/survivors’ service and/or
intermediary, free of charge, and without prejudice to their
case, and access to service centres in the courthouse to receive
guidance and assistance in navigating the legal system”. 606
The Istanbul Convention requires that States provide “victims
with appropriate support services so that their rights and
interests are duly presented and taken into account”. 607
Right to be heard
The basic principles of victim and witness participation in
criminal cases are set out in the Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power, 608 especially
paragraph 6(b) which requires States to allow “the views and
603
CEDAW General Recommendation No 33, above note 569,
paragraph 17(a).
604
Updated Model Strategies and Practical Measures, above note 559,
paragraph 18(h) calls on States to “ensure that women subjected to
violence have full access to the civil and criminal justice systems,
including access to free legal aid, where appropriate, “court support
and interpretation services.”
605
CEDAW General Recommendation No 33, above note 569,
paragraph 37(a)-(e).
606
UN Handbook for Legislation on Violence against Women, above
note 511, page 39.
607
Istanbul Convention, above note 509, Article 56(1)(e).
608
Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, adopted by the General Assembly under its resolution
40/34 (1985).