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Jul 07, 2012 News
Members of the legal profession were encouraged to take a different approach in dealing with cases of gender and domestic violence. The suggestion came during the launch of a two-day workshop for Magistrates at the Georgetown Club yesterday.
The event was captioned “Gender, Domestic violence and the Courts.”
In a period when domestic violence is at an all time high, head of the Judiciary, Acting Chancellor Carl Singh, said that members of the Magistracy would be better equipped and informed to handle gender and domestic violence.
The event which was put together by the Guyana Supreme Court and the United Nations Entity for Gender Equality and the Empowerment of Women was attended by Senior Police Officials, among them Police Commissioner (ag) Leroy Brumell; Junior Finance Minister Juan Edghill, Attorney General Anil Nandlall, Health Minister Bheri Ramsaran, Attorneys–at-Law and Heads of the Magistrates’ Court.
Speakers included Justice Carl Singh OR, CCH Chancellor of the Judiciary (ag), Attorney-at-law Ms. Roberta Clarke; Regional Director, UN Women and Chief Magistrate of the Georgetown Magistrates’ Court, Ms. Priya Beharry.
The workshop, Ms. Clarke said, would be the beginning of a robust relationship between the Supreme Court and UN Women. The Regional officer said that the session would focus on the role of the court in accelerating gender equality and gender justice.
Ms. Clarke explained that it is the expectation of society that the justice system at the district or summary level would have a beneficial presence in family and community life and is thus seen as a resolution for conflict and difference.
She said that the cases heard in the Magistrates’ Court surpass those of the High Court and at the same time, Magistrates are the first responders as interpreters, appliers of law, guardians of public trust and the rule of law and material justice.
The Regional Director continued that it is with that notion that Magistrates must understand the social and cultural dimensions of society. That, she said, is important to ensure that the justice system is responsive and contributes to the enlargement of freedom and social justice.
Ms. Clarke said that in tackling the issue of gender inequality and domestic violence through the legal system, one must understand how the law’s contents and procedures have reinforced and recreated equality between men and women and foster the advancement of gender justice.
The workshop will therefore focus on value systems, aspects of culture in relation to citizen and the enjoyment of human rights and the transformative power of court practices, Clarke said.
Justice Carl Singh first pointed out the numerous headlines of domestic violence in the media while quoting the various events. The Chancellor focused his energy on domestic violence and said that the occurrences of the incidents are at an all time high and thus the occasion of the colloquium could not be more fitting.
Magistrates, Singh said, would be exposed to a broad view of the phenomenon and to realize the important role they play in society as it relates to combating the issue. The Judicial Head said that domestic violence was once viewed as a private problem and thus responses by authority to the issue was unfavourable to the victim.
The Chancellor also addressed the police on the sensitivity of domestic matters. He especially spoke to those performing prosecutorial duties within the court while mentioning the importance of their role as prosecutors.
Chancellor Singh said that the key objective of the court should be to help improve victim safety and enhance offender accountability. He added that apart from the complaints about the frequently protracted hearing in relation to complaints made, there had also been reports about violation of statutory procedures and inappropriate remarks and comments being made to victims emanating from the magisterial bench.
The Chancellor said that in some instances there have been reports of the patent lack of consideration for the often delicate and sensitive nature of domestic violence complaints.
The Chancellor also spoke to those of the bar association who he requested to pay keener attention to the issue of domestic violence. He related that attention given to the matter is not readily adopted by those practicing law, and requested that the lawyers play a greater role and rise to the occasion.
He said that he would like to see new and meaningful ways of protection for victims at the earliest stage of the court hearing.
Chief Magistrate Beharry told members of the legal fraternity that their presence showcased their acknowledgement and concern for the issue of gender and domestic violence. The Chief Magistrate said that the courts play a vital role in dispensing justice, making offenders accountable and bringing about change with zero tolerance for violence.
She said those in the justice sector needs to understand the various dimensions for gender based and domestic violence, factors that perpetuate and reinforce domestic violence.
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