A/67/278 processes which relate to such civil matters are often extremely complex and their requirements onerous, creating insurmountable obstacles for those without the assistance of a lawyer, particularly if the State or other party enjoys such assistance. This is particularly troubling with respect to civil matters involving the most vulnerable groups, such as indigenous peoples, persons with disabilities and ethnic minorities, who often face serious deprivations and violations of their rights, and lack the means or ability to contest them. 63. Women face compounded difficulties in accessing legal aid in criminal and civil matters. This has a particular impact on poor female victims of criminal offences such as domestic violence, or those pursuing divorce, child custody or land inheritance. 64. Often, the criteria which govern access to State-funded legal assistance are arbitrary and overly restrictive, and rely heavily on means-testing to determine eligibility. 18 Means-testing is often inaccurate and is unable to take account of the wealth distribution within a household, disadvantaging those who have restricted access to household wealth, such as women and older persons. Furthermore, it fails to realistically reflect the options faced by persons living in poverty; for example, it may disqualify individuals if they have the option of disposing of household assets, even if those assets are used to produce food and generate subsistence income for the household. 65. The quality of legal services available to persons living in poverty is significantly undermined by the inadequate allocation by States of human and financial resources to legal aid services. In many instances, the fees legal aid lawyers are paid are far from commensurate with the amount of time and effort required to effectively litigate a criminal or civil case. Legal aid lawyers are often in short supply and overstretched. Legal aid providers therefore have to turn down a large proportion of deserving applications. In many countries, the number of applications for civil legal aid has risen, while resources allocated to legal aid have decreased. The lack of funding also dramatically impedes the quality of free legal services, as legal aid lawyers may be very inexperienced. 66. Even where legal aid services are available and adequately funded, discrimination in their design and implementation impedes certain individuals and groups from accessing them. For example, some rely on telephone intakes or written applications, failing to take into account the needs and constraints of persons with disabilities, older persons or those with lower levels of literacy. Inadequate or piecemeal support directed towards community-based paralegal programmes also restricts an important and more affordable source of legal assistance. Although all aspects of the legal profession should be regulated, excessive restrictions on the operation of paralegals, or lack of official recognition of their role, can also hamper the support they provide to persons living in poverty. 67. As well as quality and accessibility, the timing of legal assistance is of great importance. Often, when the poor are accused of criminal offences, they do not have access to a lawyer or paralegal until a trial is imminent. However, lawyers can play a crucial role at the time of arrest and during pretrial stages, especially in cases where the accused does not have access to legal information or financial resources for bail. As well as being in the interests of justice, timely legal intervention benefits the legal system as a whole, improving efficiency and reducing delays. __________________ 18 12-45806 Programming for Justice: Access for All (see footnote 2 above), p. 143. 15