Legal Aid and International Law: Why It Matters for Survivors of Sexual Violence

Access to justice is a fundamental human right. Yet for many survivors of sexual violence around the world, systemic barriers, including legal complexity, financial constraints, and widespread gender discrimination and bias, stand between them and the justice they deserve. Legal aid mechanisms grounded in international law and human rights standards are a vital bridge to help survivors navigate these barriers and pursue justice with dignity.

What is legal aid?

Legal aid refers to free or subsidized legal services provided to those who cannot afford a lawyer. It ensures that everyone, regardless of income or status, can exercise their rights within the legal system. Legal aid can encompass a range of support, from legal advice and information to full representation in court.

While legal aid is critical for various vulnerable groups, its importance is especially pronounced for survivors of sexual violence, who often face significant legal, social, and emotional obstacles when seeking justice.

How international law frames the right to legal aid

International human rights instruments firmly establish the right to access justice, including the provision of legal aid:

• The Universal Declaration of Human Rights states that all are equal before the law and are entitled to a fair hearing.
  
• The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly General Recommendation No. 33,  emphasizes that justice systems must be fair, available, accessible, high-quality, offer effective remedies, and be held accountable. Survivors must be able to bring their cases before a court and have them heard and resolved. 
• The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems emphasize that legal aid is essential for vulnerable groups, including women survivors of violence, urging states to proactively facilitate legal support services.

These frameworks compel governments to ensure that survivors of sexual violence can access justice without undue financial or systemic burdens.

Lessons from South Asia: Legal aid in action

Insights from recent research by the South Asian Movement for Accessing Justice (SAMAJ) coalition reveal the challenges and opportunities around legal aid for survivors of sexual violence in Bangladesh, India, Nepal, the Maldives, and Sri Lanka​.

In Bangladesh, India, Nepal, and Sri Lanka, state-run legal aid mechanisms are available to survivors, offering services such as:

• Legal counseling and information on rights and available remedies
  
• Assistance in filing complaints and navigating legal procedures
  
• Representation in court proceedings through empaneled lawyers

However, the implementation and quality of these services vary greatly. Survivors frequently encounter barriers such as:

• Lack of awareness about the availability of legal aid
  
• Complex eligibility criteria making it difficult for the most marginalized to qualify
  
• Inconsistent quality of legal support, with some legal aid lawyers lacking the training to handle sensitive sexual violence cases effectively
  
• Social stigma leading survivors to settle cases informally rather than pursue justice
  
• Underfunded systems, especially in rural and marginalized areas, resulting in long case delays and minimal support

The Maldives, notably, lacks a formal state-supported legal aid system for survivors of sexual violence, relying instead on pro bono services by private firms​.

Legal Aid Must Be Survivor-Centered

Beyond merely existing, legal aid mechanisms must be tailored to meet the unique needs of survivors. This includes:

• Providing trauma-informed legal counseling and representation
  
• Ensuring accessibility for women and girls with disabilities
  
• Offering services in multiple languages and formats
  
• Incorporating psychosocial support alongside legal services
  
• Protecting survivors from secondary victimization during the justice process

Survivor-centered legal aid helps ensure that justice systems uphold the dignity, autonomy, and rights of those they are meant to serve.

Moving Forward: Global Priorities for Legal Aid Reform

To truly fulfill the promises of international law, states must strengthen their legal aid systems by:

• Raising awareness of available services among survivors and communities
  
• Investing in the training of legal aid providers to ensure sensitive and rights-based support
  
• Expanding access in rural and marginalized areas through mobile legal clinics and community-based paralegals
  
• Allocating sufficient funding for innovation and technology-driven solutions, especially in times of crisis
  
• Building partnerships with civil society organizations that already provide crucial legal support and advocacy

Legal aid is not merely a service; it is a lifeline. In building stronger, more inclusive legal aid systems, we move closer to a world where every survivor of sexual violence can access the justice they deserve.

Learn more about legal aid in practice through SAMAJ

Equality Now co-founded and is the secretariat for SAMAJ, a regional coalition of activists, lawyers, and organizations working across Bangladesh, India, Nepal, Sri Lanka, and the Maldives to tackle legal and systemic barriers faced by survivors of sexual violence. Together, we are pushing for survivor-centered legal reforms and improved access to justice across the region.