LEGAL POSmON AND LEGAL AID.

Few recent quantitative material is available on the unequal participation of the poor or of other deprived groups at the legal system. By and large, there are three problem fields for poor and deprived persons in their relations with the legal system:

- non-taking up of rights - not standing up for their rights - confrontation with legal proceedings

7.1. Non-taking up of rights.

The poor or otherwise socially deprived groups are often not or ill-informed about their rights. They lack knowledge of the complex rules and do not take up their rights. Some illustrations:

- Persons without a permanent residence are often not entitled to subsistence income.

- Entitlement to a so-called "waiting benefit" in unemployment depends upon the completion of a course or of a school year. Youngsters from poor families, however, often interrupt their studies prematurely and, as a result, lose their entitlement to a "waiting benefit".

- The social security system is based on a regular career, which means that persons with an irregular employment career run the risk of not answering the conditions of the social security system (e.g. for family allowances).

12

.

Justice is relatively inaccessible to the poor and to other deprived groups. They appeal less frequently to lawyers or to other types of legal advice. Also, they seldom take the initiative to summon. Domont-Naert mentions three barriers that hamper the access of the poor to justice (Smets, 1989:14-16):

1. The relative high cost of legal services. Legal advice could be a partial solution to this problem, but the system of the "Office for Consultation and Defense", to which one can appeal "pro deo", still has a number of shortcomings.

2. This financial barrier is aggravated by socio-cultural elements. The stateliness and ritual character of the activities before the court create a clear distance. Moreo­ ver, one has to know the law, one’s rights and the procedures. The different world and language of lawyers are other barriers.

3. Finally, there is often a psychological barrier that rests on negative experiences. Too often, meetings between the poor and the law turn out to the poor’s disad­ vantage. Because a legal case is often felt as a threat, the poor are not inclined to take the initiative and appeal to the legal system.

Social exclusion in Belgium 1990-1991: Consolidated report Part II: Situations and processes_________ ^_____________

58

7.3. Confrontation with legal action.

Again because of the lack of evidence, it is difficult to confirm that poverty and criminality are related phenomena. Nevertheless, it is certain that the poor and other deprived groups are in a very weak position with respect to legal authorities.

Some illustrations:

sequestration of goods by bailiffs;

10% of internments take place with referral to the act on vagrancy (see above), although the facts leading to these internments often are rather poverty-related than of a criminal kind;

- juvenile court annually places about 15.000 youngsters, mainly from deprived families;

former detainees are often stigmatized and their re-integration in society can be problematic.

Social exclusion in Belgium 1990-1991: Consolidated report Part II: Situations and processes________________________

57

7. LEGAL POSmON AND LEGAL AID.

Few recent quantitative material is available on the unequal participation of the poor or of other deprived groups at the legal system. By and large, there are three problem fields for poor and deprived persons in their relations with the legal system:

- non-taking up of rights - not standing up for their rights - confrontation with legal proceedings

7.1. Non-taking up of rights.

The poor or otherwise socially deprived groups are often not or ill-informed about their rights. They lack knowledge of the complex rules and do not take up their rights. Some illustrations:

- Persons without a permanent residence are often not entitled to subsistence income.

- Entitlement to a so-called "waiting benefit" in unemployment depends upon the completion of a course or of a school year. Youngsters from poor families, however, often interrupt their studies prematurely and, as a result, lose their entitlement to a "waiting benefit".

- The social security system is based on a regular career, which means that persons with an irregular employment career run the risk of not answering the conditions of the social security system (e.g. for family allowances).

12

.

Justice is relatively inaccessible to the poor and to other deprived groups. They appeal less frequently to lawyers or to other types of legal advice. Also, they seldom take the initiative to summon. Domont-Naert mentions three barriers that hamper the access of the poor to justice (Smets, 1989:14-16):.

1. The relative high cost of legal services. Legal advice could be a partial solution to this problem, but the system of the "Office for Consultation and Defense", to which one can appeal "pro deo", still has a number of shortcomings.

2. This financial barrier is aggravated by socio-cultural elements. The stateliness and ritual character of the activities before the court create a clear distance. Moreo­ ver, one has to know the law, one’s rights and the procedures. The different world and language of lawyers are other barriers.

3. Finally, there is often a psychological barrier that rests on negative experiences. Too often, meetings between the poor and the law turn out to the poor’s disad­ vantage. Because a legal case is often felt as a threat, the poor are not inclined to take the initiative and appeal to the legal system.

Social exclusion in Belgium 1990-1991: Consolidated report Part II: Situations and processes_________ [______________

58

7.3. Confrontation with legal action.

Again because of the lack of evidence, it is difficult to confirm that poverty and criminality are related phenomena. Nevertheless, it is certain that the poor and other deprived groups are in a very weak position with respect to legal authorities.

Some illustrations:

sequestration of goods by bailiffs;

10% of internments take place with referral to the act on vagrancy (see above), although the facts leading to these internments often are rather poverty-related than of a criminal kind;

- juvenile court annually places about 15.000 youngsters, mainly from deprived families;

former detainees are often stigmatized and their re-integration in society can be problematic.

Social exclusion in Belgium 1990-1991: Consolidated report Part 11: Situations and processes________________________

59

CHAPTER 2.