Women’s access to legal aid
Recommended measures (2)
21. The Committee recalls that the State party cannot absolve itself of its due diligence obligation to provide victim support services by delegating these services to non-governmental organizations. It recommends that the State party:
(a) Restructure the free legal aid scheme, applying a gender perspective and taking into consideration the frequently more limited financial means of women and their disproportionate risk of certain forms of gender-based violence. In cases of family conflict or when a woman lacks equal access to family income, the use of means testing to determine eligibility for legal aid and public defence services should be based on the real income or disposable assets of the woman concerned.
(b) Ensure that victims of crimes under section 107a (1) (a) or (b) of the Criminal Procedure Act continue to benefit from the free legal aid scheme.