Legal Representation for Victims of Intimate Partner Violence
‘Access to justice has come to be regarded as synonymous with, or crucially dependent on, the
ideals of the rule of law and, more specifically, due process… Thus we can conclude… that “the right to
participate in the legal process is fundamental to liberal theory”. Conversely, evidence that some citizens
are under-represented in legal process or, worse, are not represented at all (because of insufficient
resources or inadequate laws) threatens the legitimacy of this liberal theory’ (Stephen Bottomley & Simon
Bronitt, Law in Context (4th edn), p. 159).
Reflecting on the above statement, critically discuss ‘access to justice’ with reference to the gap between
the theory (e.g. the ‘ideals’ and the values law ‘should’ embody � e.g. ‘equality before the law’) and the
practice of law. Discuss one of the following factors that might determine or affect a person�s ability to
access justice: socio-economic status (‘class’); gender; disability, and/or ethnicity/race.* Discuss the key
concept of power.
Introduction
Law is a dynamic system that is used not only to safeguard the civil rights of an
individual in a society, but also to establish an economic, social, cultural and educational
condition in which a people’s legitimate aspirations and dignity are realized equitably (Bailey, P.
1255-1300, 2010). In other words, the law is founded on the roots of freedom, justice and
equality for the people who belong in a society or nation irrespective of their statuses.
According to Bailey, the law describes the freedom of humanity under a governized structure
that gives them the authority to have a standing rule to live, have liberty to follow and do their
things as they will under the confines of the law, and not to be subjected to an inconstant,
arbitrary, or uncertain will of other people.
This paper therefore aims at disclosing the reasons why the rule of law is becoming
inactive in the society today. It is imperative to realize that the law is an indispensible organ that
protects the society and in this view, it could be describes as a structure of a well governed state.
Without the law, governance is likely to collapse with the people most likely to suffer. However,
this study reveals that there is a major challenge in the operation and dispensation of the law in
the society (Bailey, P. 1255-1300, 2010).
Evidence show that there are a section of citizens who are under-represented or not
represented at all in the legal process due to their insufficiency in getting resources , a factor that
threatens the legitimacy of the law. Justice should be a fundamental principle to the wellness of
all human beings and remains the centre of the notion of development. However, it has been
determined that rule of law only favors a portion of people, and denies justice through abuse of
power and the denial of rights, impunity, and corruption to the powerless , poor, and the
gendered who remain victims of vulnerability (Bailey, P. 1255-1300, 2010). It is against this
backdrop that this paper seeks to pursue ways to address the setbacks that hinder the equal rights
to law.
Access to justice
The terms access to justice is used legally to describe the various mechanisms and functions
through which individuals seek legal assistances. In this contemporary society, the access to
justice cannot be a factor that can be overstated. Access to justice is fundamental instrument to
the development and maintenance of the rule of law in any state, and enables people to voice out
their concerns and to exercise their legal rights (Cuomo, P, 856-874, 2013). The freedom to
access justice equitably allows the citizens of a nation to an equal right to human dignity thus
securing their rights and empowering these citizens.
An improved justice system requires the enactment of good practice and the availability of, and
access to representation within the law sector. It also enshrines the ability of the legal systems in
providing fair access to justice. The doctrine of justice is governed according to the law, a factor
that gives the government through its legal systems the capability of ensuring that its citizens
have an access to justice without any form of discrimination. In this, there should be clear
structures that control the aspects of abuse of power by the judiciary systems (Cuomo, P, 856-
874, 2013). The rule of law has the functions of establishing social, economical, cultural and
educational conditions where citizens can realize their legit aspirations.
Through this, it is important to realize that the welfare of a nation’s citizen depends on the
predictability and the certainty of the values associated with the law in order to attain the
wellbeing of the society. In regard to this, the rule of the law supposes that every individual
(without discrimination whatsoever) is entitled to freedom, equity, and justice to an extent that
their sanctity is recognized and their dignity is enhanced and maintained (Hunter, & De Simone,
P. 379-398, 2009).
Barriers of Access to Justice
Access to justice can be affected by a number of social and cultural characteristics such as
inequality gaps, average income, urbanization, nationality or religion, ethnicity, literacy in
education among other factors. Other social factors include; socio-economic status (‘class’);
gender; disability, and/or ethnicity/race (Hunter, & De Simone, P. 379-398, 2009). This section
therefore seeks to analyze one of the barriers that affect access to justice;
Gender;
Women’s limited access to justice has been a complex issue that entails a series of
inequalities in the legal systems, a factor that makes them a vulnerable group. Women are
socially excluded, a factor a situation that describes that certain groups within the society are
disadvantaged because of discrimination (Lockie, P. 234-241, 2005). This explains the reason
why gender-based violence is miss understood by the judicial system and is treated insensitively.
Women in the legal systems are always treated as guilty of offences that are committed.
In ensuring justice to women, it is imperative that they are provided with access to fair,
affordable, effective and accountable remedies so that they as their male counterparts can enjoy
both equal rights in the judicial system. When the justice systems mitigate the obstacles that
women face in the society, this will not only facilitate greater accessibility, but will be a
significant system in achieving gender equality. Inequalities in the society are on the rise and
they negatively impact the lives of women (Lockie, P. 234-241, 2005).
It is imperative and significant to identify that barriers in access to justice occur both
within and outside the formal justice institutions. In order to improve access to justice in the
society, there are a number of factors that can be considered (MacDowell, pp. 95-130, 2011).
These factors will ensure equity in the dispensation of justice to all the genders without
discrimination.
In some countries, there are some discriminatory laws which negatively impact women
and the manner in which they access justice. Socio-economic and cultural barriers also remain
factors that limit the ability of women to seek justice. These barriers are attributed to the unequal
power relations between men and women, which tend to favor men.
Women living in poverty due to their living conditions in poverty or those living in low income
may have problems accessing justice. Costs in this case do not only refer to the legal fees and
judicial taxes but the needs to access the judicial institutions among other. This may be a
challenge to especially when the proceedings take a lengthy period (MacDowell, pp. 95-130,
2011). Discriminatory attitudes, prejudices, stereotypes at the cultural level also play a role in
this instance. Women may be barred from accessing justice as a result of the social and cultural
values and expectations.
This can be confirmed especially in instances such as domestic violence, divorce cases,
child support proceedings. It is also important to mention that women categories from the lower
classes are less likely to get justice due to the inadequacies in confidence in the judicial systems
or out of fear of mistreatment. The lack of this confidence is as an antecedent of the institutional
cultures that have been created to not take account of women’s claims, a factor that leads to
discriminatory attitudes (Marino, P. 26-28, 2015). These women therefore are not aware of their
rights, or the remedies that are available in the justice systems.
Improving Access to Justice
Women and girls in the society are prone to discrimination within the confines of the law,
inheritance, education, employment and property rights. These segments of people are always
marginalized and face challenges in accessing justice. Poverty is also a problem that has posed a
challenge to women in their pursuit for justice since they are likely to have adequate resources to
meet the demands of the judicial systems.
Another factor that hinders women from accessing justice is the institutional barriers. In a
male dominated judicial system, it is more likely that women will receive no justice (Martin, P.
26-28, 2014). Their male counterparts who hold positions as judges, prosecutors and police
officers are biased by their cultural orientations and deter women from accessing justice. Certain
cases that involve violence and rape are likely to be unrepresented due to shame and the stigma
that come with them in the society.
In order to improve the access to justice within the legal frameworks, a process of legal
empowerment has to be initiated. Legal empowerment is a process where systematic changes are
made through which the excluded and poor people are inspired to use the law, the legal services,
and the legal services to advance and protect their rights and interests as the citizens of a nation.
The core of this framework is to pursue better approaches of protecting the basic rights of
the poor and the marginalized such as women with the view of enacting equality in realizing
their potentials and improving their livelihoods (Martin, P. 26-28, 2014).
The central theme of these elements is to ensure that there is a legal identity and literacy
awareness in identifying and removing those legal barriers that marginalized the access to justice
and exercising the legal rights of women to improve their lives and livelihoods (Simister, P. 607-
623, 2012). The legal implementation will therefore improve the understanding of the
marginalized groups of the importance of using the law systems to get justice.
The new reform will also focus on the aspects of alleviation of poverty that will see the
prevention and abuse of legal rights. Legal empowerment therefore refers to a holistic
multifaceted field, which helps the marginalized groups in accessing their rights as prescribed by
the law such as justice, education, health and the requisition of remedies such as entitlement,
peaceful dispute resolution, environmental sustainability and social inclusion.
Women are the victims to violence and they experience various difficulties that bur them
from accessing justice. It is imperative to understand that the existences of these barriers are
attributed to the law and to the society’s belief and views about the construction of women and
women’s issues. There is a need to focus beyond the legal boundaries and into the role that
economics, culture and politics play in the access to justice by women in instances of violence.
By only dwelling on the existence of laws that protect women, the availability of counsel
and aid at the process of access to adjudication and enforcement as a framework to accessing
justice for women who fall victims of violence would limit the process (Simister, P. 607-623,
2012). This remains an important aspect that should be met by any state.
Conclusion
Law should be revised and enacted so that it remains a dynamic system that is used not
only to safeguard the civil rights of an individual in a society, but also to establish an economic,
social, cultural and educational condition in which a people’s legitimate aspirations and dignity
are realized equitably (Westbrook, L. 95-130, 2009). The judicial systems today are determined
by the legislations that ascribe the rule of law as one that only favors a portion of people, and
denies justice through abuse of power and the denial of rights, impunity, and corruption to the
powerless , poor, and the gendered who remain victims of vulnerability.
The judicial systems have to reform their structures in order to giver better services to all
the people equitably irrespective of their statuses in the community. When these systems are put
well in proper structures within a state, all the people will be confident of the judiciary in
offering better services to the people in the society. Equity should be a factor to consider in the
judicial system in offering better services to the marginalized groups.
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