Georgetown : There is usually no little cost attached to the process of accessing justice. In fact according to Managing Director of the Guyana Legal Aid Clinic, Attorney-at-law Simone Morris-Ramlall, it has been deduced that the fear of the cost of accessing legal services has proven to be so astronimcal that in many cases it serves as a deterrent to women engaging lawyers. Some persons, according to her are forced to make an exception in the most traumatic circumstances, that is, when there is no other known option. “Many women are often outraged that a justice system could be so costly to ordinary people,” Morris-Ramlall said even as she pointed out that this sentiment is compounded by the knowledge that the problems to which women turn to the justice system are very common and it is usually very important that they be resolved.
Some cases, she explain, include but are certainly not limited to break downs in the family situation. “Quite often the cost of sorting out women and children’s future security after family break down can ruin that secutity,” Morris-Ramlall said.
With the view of helping women confronted with such dilemmas, she revealed that the Legal Aid Clinic was created even as she alluded to the notion that “to many of these women Legal Aid is the only bridge between low income people and the cost of lawyers’ service.”
According to the Managing Director, the Guyana Legal Aid Clinic provides free or subsidised legal advice and representation to persons who cannot afford to employ the services of a member of the private bar.
Understandly, the majority of the Legal Aid Clinic’s clients are vulnerable women who can ill-afford to access the justice system. This, according to Morris-Ramlall, is in accordance with the mandate of the Legal Aid Clinic, as it was designed with the view of helping to improve access to justice for the poor and disadvantaged and other vulnerable persons.
Although its operation is focused on rendering legal service to the most vulnerable of the society, Morris-Ramlall revealed that priority service is often given to persons seeking assistance for domestice violence, child care, child abduction and for certain other matters where there are statutory time limits. “This priority service seeks to ensure that persons
seeking legal remedies in respect of such matters receive a timely service from the Clinic,” Morris-Ramlall added.
She revealed though that there yet remains a common public perception that the Legal Aid Clinic is a Family Law Service. However, she asserted that this perception is not accurate as legal advice and representation are available for a range of matters. For this reason, she noted that persons having an interest in the availability of Civil and Criminal Legal Aid should endeavour to accurately portray the true reason for the service rather than constantly referring to it as a ‘Family Law Service’. Such an approach, she opine, could result in a greater awareness by the public as to the extent of the service provided. This, she noted, could lead to the provision of a broader range of services to women who qualify for Legal Aid. “Women need to stop feeling discouraged from pursuing justice because of cost factors,” Morris- Ramlall stressed.
At the moment the Clinic has the capacity to address criminal charges, matter brought under the juvenile offenders Act, Child Welfare matters, maintenance and custody issues, domestic violence, issues related to division of property, personal injuries and other negligence claims, contract disputes, wills and small estate issues, debt actions or bankruptcies, as well as landlord and tenant disputes.
However, in its quest to especially address the issues involving women who are considered one of the most vulnerable groups of the society, Morris-Ramlall suggested that earnest efforts be made to meet women’s needs. “We must endeavour to ensure that as part of the justice chain is gender repsonsiveness,” she noted as she reiterated the recommendation of the United Nation’s ‘2011-2012 Report on Progress of the World’s Women’.
Three key steps are outlined among the recommendations that must be adhered to in order to realise results, Morris-Ramlall noted. Among them is the need for clear mandates and procedures; clear mandates are essential to ensure that public services are responsive to women. In additon a national legal framework should provide for development of mandatory standardise protocols, regulations to enforce the law and mechanisms to ensure coordination between different parts of the system, she added.
Secondly, there should be integrated and specialised services where possible Morris-Ramlall asserted. According to her, in light of the institutionals and social barriers that women face, they need specialised services tailored to meet their needs. One promising approach, she added, is to integrate services through the ‘One Stop Shop’ method.
Another means of ensuring justice for women, Morris-Ramlall posited, is by ensuring the presence of women on the frontline in the police force and in the judiciary. This, she pointed out, is not only likely to allow for equality and fairness but is also important to maintain public confidence in the justice system. “Women have demonstrated a greater willingness to report sexual assaults where they are represented by the police and when judges are made aware of the barriers that women face in accessing justice attitudes can change and they often come up with simple and effective solutions prioritising sensitive cases including those related to violence against women.”
But according to Morris-Ramlall, fighting the cause of the vulnerable in society does not come without financial aid. As such the Legal Aid Clinic has to date been supported primarily by the Government and United States Agency for International Development (USAID). It has also received donations and assistance from the British Government, the Canada Fund, Computer Aid International, Individuals and the Business Community.
International Law, according to Morris-Ramlall, imposes on Governments the responsibility for ensuring women’s access to justice and eliminating discrimination in all justice systems. She further pointed out that although Article 14:3 (D) of the International Covenant on Civil and Political Rights 1966 has not been given constitutional force like the other provisions of the Covenant by virtue of Guyana’s reservations with respect to same, nevertheless the government’s annual subvention is an indication of its commitment to supporting access to justice by vulnerable groups the majority of whom are women and “we at Legal Aid are grateful for that continuous support.”
