Cyprus Parliament Approves Free Legal Aid for Victims of Domestic and Gender-Based Violence

Cyprus Parliament Approves Free Legal Aid for Victims of Domestic and Gender-Based Violence

New Law Extends Legal Aid to Vulnerable Groups for Enhanced Protection and Access to Justice

The House of Representatives approved a bill and a proposed law on Thursday, establishing a new category of beneficiaries for free legal aid. This category includes victims of gender-based violence and domestic violence, as outlined in the laws on the prevention and combatting of violence against women, domestic violence, and the Law on Violence in the Family.

The proposed law, introduced by AKEL, amends the Legal Aid Law to better align with the Council of Europe's Convention on preventing and combatting violence against women and domestic violence. It also follows recommendations from the United Nations CEDAW Committee, facilitating access to free legal aid, particularly for economically disadvantaged women.

The new provisions ensure free legal aid for victims of violence in civil claims before the District Court for compensation against their perpetrators. Additionally, victims of domestic violence will be entitled to legal aid in Family Court for any claims related to resolving disputes with the perpetrator or for the issuance of protection orders against them.

Under the new law, victims of gender-based or domestic violence can claim compensation under the Prevention and Combatting of Violence Against Women and Domestic Violence Law. Legal aid is also available for any other proceedings directly linked to or related to this claim before the District Court.

Moreover, victims can seek assistance from the Family Court for resolving disputes with the perpetrator concerning parental care, communication, child support, and exclusive use of the family home. These provisions are based on the laws governing parent-child relations and Family Courts, as well as the Prevention and Combatting of Violence Against Women and Domestic Violence Law and the Law on Domestic Violence (Prevention and Protection of Victims).

Certification for Legal Aid

The unified text passed by the House of Representatives also allows the issuance of a certificate for free legal aid. This is granted upon submission of a verification or certification from a relevant authority or organization, confirming that the victim is receiving support from the "House of Women" or another domestic violence shelter, or has filed a complaint with the police for violence. The court may grant legal aid if, due to the severity or circumstances of the case, it is deemed necessary in the interest of justice to provide the applicant with free legal representation for case preparation and handling.

Additionally, the proposed regulations stipulate that in cases where a request for legal aid is made during an appellate process, the court will consider the socioeconomic report from the Welfare Office that was prepared for the initial process. If the applicant swears that their financial situation has not changed, no new report will be required. Likewise, if the report was not necessary in the first instance, it will not be required for the appellate process, provided the court is satisfied that the conditions remain unchanged.

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