Do no harm
ON A WIDER LEVEL,
It is essential to think through the potential consequences of program
activities, in order to make sure that there are no damaging effects
for communities or clients. Formalizing status under discriminatory
frameworks can put clients in danger, or may risk validating a law that
is not compliant with human rights principles. Empowering clients to
make their own decisions by giving them information is a key way to
avoid doing harm. One way a program can encourage paralegals to avoid
harm is to prepare a list of common problem situations. When paralegals
notice such problems, they should consult with their supervisors before
taking action.
PROGRAMS SHOULD
On a wider level, programs should be clear that their role is to help
clients encourage the government to meet its obligations to provide
relevant legal identity documentation. Paralegals must avoid becoming a
substitute for government or a pretext for governments to do less. They
can, however, help build government capacity through collaboration and
by setting examples, and then push governments to expand budgets,
programs, and their reach in seeking to include all people. As projects
gain experience, shifting to complex cases can help prevent your
program from becoming a substitute for government functions. Helping
clients with complex cases can also have a bigger impact. Monitoring
government efforts can encourage government officials to conduct their
own outreach and increase the accessibility of administrative processes—
and is an important way to avoid substituting for functions government
should provide. Periodically assessing such dynamics locally can help you
be sure that your project is not indirectly getting in the way of state-led
initiatives.
BE CLEAR THAT THEIR
ROLE IS TO HELP
CLIENTS ENCOURAGE
THE GOVERNMENT TO
MEET ITS OBLIGATIONS
TO PROVIDE RELEVANT
LEGAL IDENTITY
DOCUMENTATION.
Non-discrimination
Many projects apply a non-discrimination principle. This can mean
helping anyone referred to your project or anyone who comes to your
door with a nationality or documentation issue, even if they are not a part
of the marginalized community your project was designed to serve. Just
having a focus on a particular marginalized group can lead to accusations
of discrimination. You may have to explain, and train paralegals to
explain, that by focusing its efforts on marginalized groups, your project
will lessen discrimination in society.
Confidentiality
Similar to lawyer-client privilege that covers client communications in
legal representation, communications about cases between clients and
paralegals should be strictly confidential. This means that your project
cannot share personal information about your clients with anyone,
including the state, even in service to clients. Individuals may mistrust
the government, for good reason. If your project does research, you
DISCRIMINATION
EMPOWERMENT
SUSTAINABILITY
DATA
RELATED RESOURCES
(EXTERNAL)
RELATED SECTIONS
(WITHIN)
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
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