WUNRN
10 RECOMMENDATIONS TO MAKE JUSTICE
SYSTEMS WORK FOR WOMEN
July 11, 2011 - A new report by U.N.
Women argues that in many countries the “infrastructure of
justice—the police, the courts, and the judiciary—is failing women” and needs
to be reformed to provide legal support that serves women’s needs.
The report titled “Progress of the World’s Women: In Pursuit of Justice,”
outlines 10 recommendations that hold immense potential to increase women’s
access to justice and improve gender equality.
1. Support women’s legal organizations: In many countries
where government-funded legal aid is limited, women’s legal organizations are
one of the only sources women have to get legal advice and use the legal system
to protect themselves and their rights. Women’s legal organizations are also
transforming the legal landscape by pushing reform efforts and championing
strategic litigation cases.
2. Implement gender-sensitive law reform: Gender-sensitive
law reform demands that action is taken to repeal laws that explicitly
discriminate against women, to extend the rule of law to the private domain,
and to address the actual impact of laws on women’s lives. The report cites the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) as a “gold standard” for gender-sensitive legal reform, but highlights
that it remains one of the U.N. treaties with the highest number of
reservations. The report calls on U.N. Member States to accept all provisions
of the convention, especially “Article 16,” which guarantees women’s rights
within marriage and the family.
3. Bring vital services under “one roof” to avoid cases from
being dropped: Governments should improve the “justice chain”—also known as the
series of steps that a women must take to seek justice—or continue to see high
levels of cases be dropped as they move along the justice system. One way to
reduce attrition is to create “one-stop shops,” where vital services are
provided. For example, Thuthuzela Care Centres in South Africa aim to address the
medical and social needs of sexual assault survivors, reduce secondary
victimization, and improve conviction rates by providing emergency medical
care, counseling, and court preparation.
4. Put women on the front line of law enforcement: Employing
more women on the front line of justice service delivery is necessary to help
increase women’s access to the justice system. In particular, it is an
essential investment to employ more women police officers and create
well-staffed and resourced gender desks. 5. Invest in
women’s access to justice: Making justice systems work for women requires
reversing the trend of low targeted funding or aid for legal programs focusing
on gender equality.
6. Train judges and monitor decisions: Track judicial
decision making at the national level to ensure accountability to women seeking
justice and to enable civil society organizations to monitor the application of
laws. Offering specialized training to judges can also help build commitment to
gender equality.
7. Increase women’s access to courts and truth commissions
during and after conflict: International courts should prioritize gender-based
crimes in their prosecution strategies. In addition, women should play a
central role in defining the scope and purpose of all post-conflict justice
mechanisms, such as truth commissions.
8. Implement gender-responsive reparations programs:
Governments and the international community should establish reparations
programs that account for all forms of sexual and gender-based violence.
They should also include reparations at the individual, community, and symbolic
level to help victims recover losses and have their suffering recognized.
9. Use quotas to boost the number of women legislators: The
report states that quotas for boosting the number of women legislators are
often correlated with the passage of progressive laws on land rights, violence
against women, health care, and employment.
10. Put gender equality at the heart of Millennium
Development Goals: Governments should scale up investment and action on the
gender equality dimensions of the eight MDGs to address widespread inequality
and accelerate progress toward the goals.