Strasbourg, 11 May 2022                                                                                       GEC(2022)4

                                                                                                                                                    

GENDER EQUALITY COMMISSION

(GEC)

Proposed questionnaire for national authorities

on the impact of Covid-19 on Women’s Access to Justice

Pandemic-related measures

1.      Were women represented in national, regional and local decision-making structures in respect of responses to COVID-19? For each level, what percentage of decision-makers were women?

2.      Did the legal provisions pertaining to COVID-19 restrictions (emergency measures and /or legislation) ensure non-discrimination or make reference to human rights obligations? Does generalized anti-discrimination legislation and/or do constitutional guarantees apply to the type of measures passed?

3.      Were human rights and/or gender equality impact assessments undertaken related to the application of COVID-19 policies and legislation? To the emergency measures?

Justice-sector impact

1. Please describe the measures adopted in your country to guarantee the proper functioning of the justice system during the COVID-19 pandemic. How was gender considered in the development and application of measures?
2. Were these measures adopted on the basis of emergency legislation? If so, was the judiciary consulted prior to their adoption, or has the legality or the constitutionality of these measures been subject to judicial review?
3. Please indicate the measures that were adopted in your country to ensure access to justice during the COVID-19 pandemic:

(a)   Did courts remain open throughout the different phases of the pandemic?

(b)   Which criteria were used to identify urgent cases (e.g., cases on the legality of pre-trial detention or domestic violence)?  Was gender considered in the development of such criteria? Was there an increase in the use (or extension) of interim orders (for child maintenance or custody, injunctions against evictions, nullifying or preventing child marriage, protection/restraining orders)?

(c)    What measures were developed and implemented to manage the backlog caused by the COVID-19 pandemic?  Was gender a factor for consideration?

(d)   Have there been any research and findings related to the delays on justice outcomes? What was the impact in terms of delays/backlogs for users? For family courts? For criminal and administrative offences? For the issuance of protection orders? Were gendered impacts identified?

(e)    Has your court system experienced an increase in pandemic-related cases, e.g. complaints against emergency measures or grievances caused by the pandemic (e.g. family disputes (such as divorce, domestic violence))?

4.      Was the justice sector (beyond law enforcement) considered as an “essential service” during lockdowns?

5.      Please provide information on the technological means used to ensure the functioning of the court system during the COVID-19 pandemic (e.g. online submissions to courts or hearings held in videoconference):

(a)   What measures have been adopted to ensure that judicial stakeholders (e.g. judges, court staff, prosecutors) have access to adequate technological means and appropriate training on new procedures (e.g. use of electronic platforms to access documents, electronic case management and videoconferencing options)?

(b)   What measures have been developed to facilitate access to justice for disadvantaged groups and individuals who may not own a computer, not have access to internet, or not be tech-savvy enough to participate in online hearings? (including persons with disabilities)

(c)    Which safeguards have been put in place to ensure that the use of technological means does not adversely affect fair trial and due process standards (e.g. public hearings, adequate time and facilities to communicate with one’s own lawyer, access to interpretation)?

6.      Were justice resources scaled back during the pandemic? If so, for how long?

7. Please provide information on the additional budgetary resources allocated to the court system for the years 2020-2021 to enable the judiciary and the public prosecution to continue to function and to recover from the pandemic. Do these measures include safeguards to prevent and tackle corruption in the allocation of these additional budgetary resources? 

8. Please describe the measures that were adopted to enable lawyers to carry out their activities during the COVID-19 pandemic, particularly with regard to their access to people under arrest or detention and means to facilitate confidential client-lawyer communications during online hearings. 

9.      Was legal aid available during the pandemic? During lockdowns? Was it accessible electronically?

10.  Were non-custodial measures applied during the pandemic to any of the following groups of women: pregnant women and women in prison with their children; elderly women; those with health conditions; those detained on low-risk offences; or e.g. those with less than 12 months remaining on their sentence?

a.      Was social welfare assistance provided to women upon their release to avoid economic distress?

b.      Were perpetrators beneficiaries of the application of non-custodial measures during the pandemic? What impact did this have on the security of the victims?

11. Please describe the health and safety measures adopted in the court system to ensure the protection of all the actors in the justice system (e.g. judges, prosecutors, parties to the proceedings and their lawyers, court officials, law enforcement officials) during the COVID-19 pandemic.

Gender-based violence

1.      What is the data related to increases/decreases in reporting of violence against women and domestic violence to national hotlines both during and after lockdowns?

2.      Are there data (or reports) related to increased forms of violence against female first responders during the pandemic? Against sectors (health, essential workers) with disproportionate representation of women as staff?

3.      Were innovations introduced to facilitate reporting of the incidence of violence during the pandemic? (Such as code words in pharmacies, mobile applications, etc). Were they accessible to persons with disabilities?

4.      Were referral pathways updated to primary and secondary health facilities during the pandemic?

5.      Were essential services available during the pandemic? If not, why not (de-prioritisation, re-purposing)? Was access to domestic violence and trafficking shelters limited in order to maintain distancing? Were they repurposed during the pandemic?

6.      Were emergency barring orders and protection orders available during pandemic-related restrictions on mobility? Were hearings on the matter considered as urgent or a priority? Please identify any challenges and good practices.

a.      Were alternative means for requesting protection orders established during the pandemic, such as via email?

b.      Was there an increased use of interim emergency barring or restraining orders?

c.       Were existing orders automatically extended during lockdowns in the absence of the possibility for hearings?