lack of access to meaningful review of decisions. As part of assessing
the opportunity to help and community needs, a detailed analysis of the
regulatory framework and local administrative practice will be invaluable.
Some contexts are so discriminatory that paralegals cannot solve
problems until laws are reformed. However, paralegals can still play
a useful role in sensitizing, empowering, and mobilizing communities
to recognize and fight discrimination, and in educating local officials.
Paralegal casework records may prove that existing laws do not work for
everyone, supporting advocacy for reform of exclusionary laws. Where
legal identity documentation is available despite gaps or challenges
in the law or practice, paralegals can be of great help and can often
improve the system through their casework.
Careful consideration should be given to working in contexts with
exclusionary laws and practices, since attempts to formalize status under
such laws may expose people to detention, deportation, and other forms
of mistreatment. In some cases, engagement cannot lead to significant
benefits, even if it provides some kind of status. Clients should be
involved in deciding the course of action in light of the risks.
Where law and practice are positive, and only remote or disadvantaged
groups have trouble accessing services, paralegal projects could have a
negative effect. Reaching remote areas is the role of the state, through
accessibility initiatives such as large-scale mobile registration drives.
Paralegals can support such processes, such as by helping governments
improve their community outreach, and by using these events to show
government how to bring services closer to people. However, paralegal
projects should ensure such activities do not substitute for or deter core
government services, which could happen if paralegals take increasing
responsibility over functions that belong to the state. Advocacy to call on
the government to serve people in remote areas and treat people equally
may complement mobile registration drives by pushing for greater
government action and accountability.
SOME CONTEXTS ARE
SO DISCRIMINATORY
THAT PARALEGALS
CANNOT SOLVE
PROBLEMS UNTIL
LAWS ARE REFORMED.
HOWEVER,
PARALEGALS CAN
STILL PLAY A USEFUL
ROLE IN SENSITIZING,
EMPOWERING,
AND MOBILIZING
COMMUNITIES TO
RECOGNIZE AND FIGHT
DISCRIMINATION, AND
IN EDUCATING LOCAL
OFFICIALS.
ee 7.4 Ethical Issues for further discussion of the “do no harm”
S
principle, including in relation to the risk of paralegals’ substituting
core government functions and engaging with discriminatory laws.
2.5 Social and Economic Factors
Many communities experiencing documentation problems will be
affected by illiteracy, poverty, social exclusion, discrimination, corruption,
and distance from services. These disadvantages may reflect their
minority status and/or their documentation problems or statelessness.
Paralegal projects should be prepared to consider how to address
prohibitive costs and travel time, and ensure information is available in
community languages. Ideally, they will be able to begin to reverse these
disadvantages through their work helping clients access citizenship
rights, demanding change and fair treatment, and advocating for
improved legal and administrative systems.
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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