Legal assistance to victims is essential as domestic violence cases often involve legal matters – court protection orders, criminal proceedings, as well as civil court proceedings in cases of divorce and child custody disputes.
It is crucial for victims to receive legal assistance in cases linked closely to domestic violence. Some proceedings are not very complicated and could be done without legal knowledge. However, since those situations may involve counteractions from the perpetrators, the use of legal aid is advised. Legal assistance is very important in civil court proceedings and in cases of divorce and child custody, due to procedural complexity.
A victim of domestic violence has the right to receive state-funded social rehabilitation services which also include legal help to assist the victim to safely exit an abusive relationship.
In addition, victims of domestic violence who are lacking funds to get legal help, may also turn to the State Guaranteed Legal Aid Service for free legal help. This help could entail, for example, the drafting and submitting of an application for temporary protection against violence, filing for divorce, child custody and child support, and the division of spousal property, as well as assistance in criminal proceedings.
The State Guaranteed Legal Aid Service can refuse to assign legal assistance only on legal grounds founded in the State Ensured Legal Aid Law or other pertinent laws.
Which human rights violations may there be?
The ability or failure of the State to provide help and assistance to victims of domestic violence should be seen in the light of the due diligence standard. It may result in a violation of human rights where state or municipal institutions deny funded help or assistance to a victim without lawful grounds.
The right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
The State’s failure to provide help and a support system for domestic violence victims may, in certain cases, result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the pertinent authorities) fails to effectively respond and provide help and support to the victims of domestic violence, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
Right to a fair trial
Under certain conditions, the victims of domestic violence have the right to free legal aid in criminal or civil proceedings. If the failure of the State to ensure such legal aid has resulted in an unfair process for the victim, it may lead to a violation of the right to fair trial.