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Women’s access to 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

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Women’s access to justice

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  1. 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

  2. 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 DaPenha, 2011. Credit: ConselhoNacionalJustica

  3. 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’.

  4. 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.

  5. Laws on violence against women: much achieved, but further to go

  6. Women’s economic rights • More than half of the world’s • working women are in • vulnerable 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

  7. 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.

  8. Rape case attrition in a sample of European countries • Only a fraction of reported rape cases result in conviction.

  9. 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

  10. Women on the front line of justice • There is a clear positive correlation betweenwomen’s representation in the police and reporting of sexual assault.

  11. 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.

  12. Women’s empowerment Women as agents of change: as legislators, lawyers and judges, and as community activists. Increases in women’s representation in political decision-making can lead to more progressive laws.

  13. 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

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