Soroptimist Review: Progress of the World's Women 2011: In Pursuit of Justice
26/08/11
Every three years, UN Women (previously UNIFEM) produces a report looking at a particular aspect of gender equality and women’s rights. This year, the report looks at legal systems through the eyes women, exploring ways in which women still experience discrimination, rights violations, and barriers in access, but also ways in which innovative change in legal systems can increase access to justice and help to realise the rights of women the world over. Here, we examine this report in light of Soroptimist International’s mission and programme-related goals and objectives, providing links to connect this report to our work.
Introduction
Women have made enormous progress in access to justice over the past century, yet there is still work to be done. Many countries have repealed discriminatory laws, enacted laws to protect women, and increased representation of women in decision-making bodies. This all represents huge advancement towards gender equality. Yet now we face the problems of implementation and enforcement – laws on paper rarely translate fully into on the ground action and behaviour change. At least not without concerted efforts and comprehensive campaigns which span multiple sectors. All too often now, it is the judicial system itself which fails women through poor services and a lack of understanding of the differential experiences of women.
SoroptiLink: May monthly focus file: women and the criminal justice system
On the positive side, laws and systems of justice can be a powerful tool to advance the status of women and to be a catalyst for changing harmful societal norms. “Strategic” or “Impact” litigation is one aspect, where individuals and organisations partner together to bring a case to a specific court, hoping that the court will make a ruling that will then set a precedent which will respect, protect, and fulfil the rights of women. For example, just last week we reported on one such case which now means that governments have a legal obligation to protect women in childbirth.
SoroptiLink: Governments held to account – dying in childbirth is not acceptable
However, on the negative side, this report uncovers many ways in which the justice system itself is hostile towards women: being biased against women’s interests, reinforcing gender imbalances and structural violence, and erecting unnecessary barriers in access. Judicial systems have been particularly slow to protect women in the so-called ‘private sphere’, a huge problem in cases of domestic violence. This weakness was also just in the headlines, when the Inter-American Court of Human Right found that the US was violating the rights of women victim/survivors of domestic violence.
SoroptiLink: Rights Commission Rebukes U.S. on Domestic Violence
Legal frameworks
If the basic legal and constitutional framework does not uphold women, the entire system is likely to perpetuate gender inequalities. A framework that guarantee’s women’s rights is fundamental. Laws can change society by setting the boundaries of what is and isn’t acceptable. That being said, laws alone cannot achieve gender equality – especially if the gap between legislation and implementation is large. This report highlights two areas in which women’s rights are least protected – the private and domestic sphere and economic rights.
There are three important steps to ensuring that legal frameworks uphold the rights of women. First, by repealing or reforming laws which are explicitly discriminatory. For example, in many countries, women’s retirement age is legally set lower than men’s; as women live longer and have less savings than men, these laws can have a serious negative impact on women’s financial stability in older age. Second, by passing new laws which protect women and cover issues critical to gender equality. What’s really important here is pushing legal protections into new realms – especially those behind closed doors. It also means ensuring that those laws are enforceable AND enforced. For example, although domestic work accounts for as much as 10% of the workforce in some countries, and most domestic workers are women, there are few, if any, labour laws that regulate the field or protect workers. The newly adopted Convention on Domestic workers is one step in the right direction of passing laws to respect, protect, and fulfil women’s rights.
SoroptiLink: Breakthrough at the UN: Better conditions for domestic workers
Another example is the lack of legislation working to equalise childcare – countries which allow for increased or even mandatory paternity leave have taken legislative steps towards equality. This was one of SI’s policy ‘asks’ at the 55th session of the Commission on the Status of Women.
SoroptiLink: Statement for CSW55
The Justice Chain
If a woman-friendly framework is in place, the next area to examine is the “justice chain” – the series of steps that must be taken to access justice through the formal state system. Women face barriers at each and every step along the way, but there are approaches which are helping to eradicate these barriers.
Barriers primarily fall into two categories: social (such as stigma and discrimination) and institutional (capacity gaps and unresponsiveness). Lack of knowledge of their rights or the justice system, dependence on male relatives for assistance and resources, and the threat of sanction or stigma create social barriers along the chain, making it nearly impossible for a woman to navigate through the steps from first reporting a case to any sort of decision. Institutionally, issues such as corrupt systems, cost, distance to services, and languages all create more obstacles for women to tackle in seeking redress.
But there are ways to address these barriers. Ensuring that there are gender-sensitive and standardised protocols and procedures – which are not only written, but used. One stop shops remove many barriers by providing all resources in one place. For a rape victim, this means collection of forensic evidence, filing police reports, health care provision, psychosocial support, legal aid, and other referrals. Changing the culture of service providers, such as police and judges, is another way to overcome barriers. Discriminatory attitudes of service providers account for a high proportion of attrition within the justice chain. Employing women makes a big difference.
SoroptiLink: SI statement to the Crime Commission 2011
Finally, specialised courts, such as family courts, and gender-sensitive judicial decision-making directly correlate to increasing women’s access to justice. Sensitizing judges through targeted training and hands on service can help to eliminate discrimination in the system.
Legal Pluralism and Justice for Women
It is not just the formal state courts and justice system that we must examine, but all the various layers of systems working in parallel. All States, religious or ethno-linguistic communities, and other groupings such as villages, neighbourhoods, and even families have systems for resolving conflict. And all of those systems can either help or hinder women’s access to justice. This sometimes complex system can make it even easier for women to “fall through the cracks”. Particularly, systems based on cultural or religious beliefs tend to include elements that discriminate against women. Civil society plays an important role in assuring that these overlapping and sometimes discriminatory systems do not adversely affect women’s access to justice. Legal empowerment programmes have been shown to have positive outcomes. “Legal empowerment” initiatives allow people to be active participants not only in using the law, but in shaping it to their needs.
“All justice systems evolve. They can therefore be reformed and shaped according to the needs of the people they affect.”
Justice for Women During and After Conflict
Conflict is one of the most damaging situations for women, but we are seeing that it can also have positive transformative power. The barriers faced in accessing justice during times of peace are exacerbated during times of conflict. Yet when these systems are thrown into a complete state of upheaval, we have the chance to reformulate in ways which respect, protect, and fulfil women’s rights.
Women are highly vulnerable during and after conflict, particularly through acts of violence such as using rape as a weapon of war and through internal displacement or the need to flee as a refugee. Much progress has been made in recent years in addressing the issues of women and conflict:
UN Security Council Resolution 1325, passed in 2000, was the first instance that the international community recognised the importance of the role of women in conflict and conflict resolution, emphasising the need for women’s participation in the promotion of peace and security. UNSCR 1820, passed in 2008, officially recognised rape and sexual violence as weapons of war, calling for effective steps to prevent and respond to such acts. Three more resolutions, 1888, 1889, and 1960, provide further strengthening and guidance for ensuring women’s participation in conflict resolution and protection from sexual violence in times of war.
Women are also more vulnerable to displacement, both internally and as refugees. Women represent the majority of IDPs and refugees worldwide. Women IDPs and refugees are forced into extreme vulnerability with few protections.
SoroptiLink: Where We Stand statement: Women as…IDPs and Refugees
As noted above, however, conflict also opens doors to significantly improving women’s access to justice. “Transformative justice” through initiatives like truth commissions, reparations, and the rebuilding of systems offer opportunities to ensure both protection from and prosecution of gender based crimes and barriers to justice.
Linking Justice to the MDGs
The report then goes on to conduct a gender based review of progress towards the MDGs, explicitly using a justice lens.
“The MDGs provide the development framework to achieve gender equality, empowering women to claim their rights and access justice.”
Ten Recommendations to Make Justice Systems Work for Women
- Support women’s legal organisations
- Support one-stop shops and specialised services to reduce attrition in the justice chain
- Implement gender-sensitive law reform
- Use quotas to boost the number of women legislators (SoroptiNote: always approach quotas with caution and ENSURE appropriate training and skills are provided!)
- Put women on the front line of law enforcement
- Train judges and monitor decisions
- Increase women’s access to courts and truth commissions during and after conflict
- Implement gender responsive reparations programmes
- Invest in women’s access to justice
- Put gender equality at the heart of the MDGs
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