Now justice is only for those who can afford it

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Conference
2016 National Women's Conference
Date
14 October 2015
Decision
Carried

The British judicial system was based on the bedrock that justice must not only be done, but be seen to be done as well. It should not be a system where justice should be done only to those who are rich enough to afford it.

But in the UK the Government‘s austerity measures are adversely impacting on women‘s financial security, and their access to justice. Access to legal redress whether at Employment Tribunal or for Legal Aid in family issues (divorce, custody of children etc), is being made harder to obtain in contravention of the UN Convention on the Elimination of Discrimination against Women.

It has long been understood that domestic violence tends to increase during difficult periods for society, such as recession, and in these austere times with cuts to police and the criminal justice system; cuts to charities working on domestic violence that are funded by local government; and wider cuts to services that provide structural support, we have seen vital support mechanisms either diminish or disappear at a time they are most needed by our women members

The restrictions that have been made to the Legal Aid Scheme have had a negative impact on women trying to leave abusive relationships. The lack of funding has the potential to put children at risk of harm, and deter women from leaving as her income and assets are assessed (even though she may not have access to those assets and her income may not be sufficient to support her and her children through the leaving process).

Our courts have also seen an increase in ‘litigant in person’ cases, where the individuals advocate on their own behalf, without legal advice or guidance. This has meant that in some cases, women have faced being cross examined and questioned by the perpetrator of their abuse. In one case recently, a male ‘litigant in person’ assaulted his wife during the county court proceedings. Other cuts to the criminal justice system also meant that there was no security present in the court to protect the woman from attack.

This conference instructs the national women’s committee to

1)Support relevant campaigns for the restoration of Legal Aid for family issues including domestic abuse without the current stringent requirement for proof of domestic abuse;

2. Work with relevant organisations to develop ‘how to…’ guides to assist women who have no choice but to be ‘litigant in person’.

3. Work with relevant organisation to campaign for the repeal of these draconian and unequal laws which rob women of their right to justice