women’s access to justice
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IN PURSUIT OF
JUSTICE
Women’s access to justice
Progressive laws and functioning justice systems are the foundation for gender equality and can provide the means for women to demand accountability
Groundbreaking cases
Maria da Penha Fernandes v Government of Brazil
•Governments have ‘due diligence’ obligations to uphold women’s human rights.
•Brazil enacted a wide-ranging law on domestic violence, mandating preventative measures, special courts and tough sentences.
Maria Da Penha, 2011. Credit: Conselho Nacional Justica
Groundbreaking cases
Gonzalez and others(‘Cotton Field’) v Mexico
•Cuidad Juarez murders –systemic violence based on gender, age and social class
•Ordered the Govt to pay reparations: symbolic and guarantees of non-repetition to ‘identify and eliminate the structural factors of discrimination’.
Groundbreaking cases
Jessica Gonzales v. USA
•First time the USA held accountable for preventing domestic violence, as a human rights violation.
•Uses the principle of ‘due diligence’ to argue that govts have a responsibility to prevent private acts of violence.
Laws on violence against women: much achieved, but further to go
Women’s economic rights
More than half of the world’s working women are invulnerable employment
•These jobs are often unregulated and unprotected by labour legislation
•Important steps are being taken to extend labour rights to domestic workers Domestic workers win worker’s rights
Source: Global Fund for Women
Gender-sensitive laws can change society and help to achieve women’s rights
Prevalence, laws and perceptions of domestic violence
Where there are laws in place on domestic violence, prevalence is lower and fewer people think that violence against women is justifiable.
Rape case attrition in a sample of European countries
Only a fraction of reported rape cases result in conviction.
Making justice systems work for women
Specialized legal aid
• DEMI employs indigenous women lawyers and social workers to provide legal advice and support. • Develops policies and programmes to prevent violence and discrimination against indigenous women
Women on the front line of justice
There is a clear positive correlation between women’s representation in the police and reporting of sexual assault.
Making justice systems work for women
Specialized domestic violence courts
• By streamlining navigation of the system, they provide greater accountability and victim protection.
• In 2008, the Supreme Court of Argentina, established a dedicated Office of Domestic Violence to provide rapid access to justice and facilitate coordination between agencies.
Women’s empowerment
Women as agents of change: as legislators, lawyers
and judges, and as community activists.
Increases in women’s representation in politicaldecision-making can lead to more progressive laws.
Women’s empowerment
Women shaping indigenous justice systems
Ecuador: Women have the right to participate in indigenous governance and justice systems
Indigenous women in Ecuador queue at a polling station during the constitutional reform referendum in 2007.Source: Getty Images
IN PURSUIT OF
JUSTICE
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