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PROMOTING WOMEN’S PARTICIPATION AND BRIDGING GENDER GAPS IN THE PROFESSIONS AND PUBLIC LIFE – ACHIEVEMENTS, RELEVANCE AND PROSPECTS – A LAWYER’S PERSPECTIVE. What is gender. Some one once said gender is a woman
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PROMOTING WOMEN’S PARTICIPATION AND BRIDGING GENDER GAPS IN THEPROFESSIONS AND PUBLIC LIFE –ACHIEVEMENTS, RELEVANCE AND PROSPECTS – A LAWYER’S PERSPECTIVE
What is gender • Some one once said gender is a woman • Cultures have construed biological differences into social expectations in respect of what behaviours and activities are appropriate for males and females and what rights, resources and power they possess. • Some social scientists explain these roles as efficient survival strategies and sexual divisions of labour which are now defunct due to the technological and economic advancement of society.
Gender inequity • In no region of the developing world are women and men equal in respect of legal, social and economic rights
Bridging the Gender gap in education • Simply matching up girls’ schooling percentages to the boys would still not reduce the human capital inequality as neither boys nor girls are obtaining sufficient access to education. • Increased human potential of educated girls and women may not be realised as effective policies on equal opportunities for men and women in the job market is lacking • Evident in high attrition rate, kayayei, househelps
International commitment to Women’s participation in public life • Article 6 of CEDAW guarantees equal participation of women in political and public life • Article 10 of African Charter on Human and Peoples Rights provides equal participation and equal representation in all electoral and candidates lists and partnership with men at all levels of development • UDHR and SDGEA –lack of political will
National legal framework • Article 17 (1) of 1992 constitution guarantees equality before the law and in (2) illegalises discrimination on the grounds of gender • Article 35 (5) and (6) of 1992 constitution provides for reasonable regional and gender balance in recruitment and appointment to public offices • Directive Principles of State Policy is Unenforceable
Women in professional life • Constitution and Labour Act does not exclude women in any profession • Some institutions have subtle rules that excludes women in decision making • Low education of women limits them from reaching the top • Lack of access to finance and resources limits women from establishing private businesses
Data on women in professional life • Males recorded a slightly higher economic activity rate (54.9%) than females (53.4%). • Proportion of males in wage employment is much higher (25.0%), compared to that of females (8.2%). • a larger percentage of female urban workers (32.8%) are engaged by the Public Service compared to their male counterparts (30.1%).
Main occupation of the currently employed population aged15-64 years, by locality and sex
x The legal sector • Regulated by the amended version of the Legal Professions Act, 1960, act 32 • Anyone who fulfils the requirements of the General Legal Council per Act 32 qualifies as a lawyer • GLC composed of 3 women (including CJ and AG) out of 10 • Private legal practitioner, in-house lawyer for a corporation or NGO, Government lawyer • The Bar Association – never been headed by a woman at the national or regional levels
Performance of women in the legal sector • Mostly found in government MDAs and corporate offices where they excel and head legal departments. Subject to salaries and difficult to progress. • Women are underrepresented in private practice where there is the potential of earning more than the salaried worker yet more time-demanding • Leading in women and gender issues e.g., FIDA-Ghana
What women lawyers can do • Women in the legal profession can lobby • Legislate • litigate and • adjudicate, • however, women are not so visible in these areas suggesting subtle but real public constraints
Challenges of women lawyers • Very few female lawyers found in challenging areas like energy, finance, ICT, aerodynamics law and therefore do not reap the financial results • Most male clients will rather deal with male lawyers as they believe they are more aggressive • Most law firms are not gender friendly. Late hours, lots of work, not too good remuneration • Very few women heading law firms
Regional disparity • Most lawyers concentrated in southern Ghana • Drop out rate in education higher in the North • Due to high levels of poverty, most people in the North need legal aid to access justice • Brain drain - Regular migration from the north to the South • Need to strategise to bridge the gap like targeting a young group and build their capacity educationally
Critical questions that needs to be asked • Women should ask ourselves whether we are settling for less or combining with reproductive duties make it impossible for us? • Have women been psyched to move into some sectors or are our interests elsewhere? • Are we assigned to pro bono work? If we don’t do it, who will? • What could be done to increase women’s representation in these strategic areas?
The Judicial Sector • Overseen by the Judicial Council composed of 3 women in a group of 19 • Less than 10 % in the judiciary • It is an area preferred by women but recent stringent requirements especially in the rules of court exclude some women.
Women in human rights • Women lawyers especially FIDA has brought attention to violations of women's rights • Spearheaded the promulgation of domestic friendly laws like the Intestate Succession Law, Domestic Violence Act, etc • Reduced these laws into user friendly language • Provide legal literacy and legal aid
Personal experience • Contrary to popular perception, women have not been my enemies.
Achievers • First Female Chief Justice in Ghana • First Female Attorney-General in Ghana • First Female Speaker of Parliament • Female Judge represented in the Appeals Level of the International Criminal Court • Ministers of state • Increased enrolment of female lawyers
Relevance of Gender Mainstreaming for Female Judges • In the judiciary, would women prefer to be with women judges because they could understand the issues better • Have women judges come out with judgments that have improved the lives of women • Are women judges engendered? • Are women judges competent and have the respect of the Bar and their colleagues
Relevance of engendering female lawyers • Are women lawyers competent and improve themselves regularly • Are we meeting the needs of less privileged women • If women lawyers are not around would we be missed
Method s of Gender Mainstreaming • Gender Desk Units in the public sector which have not worked very well • No policy in place to engender the private sector • Exclusion of men • Focus has been more in government appointments and elections • Not packaging our message well, especially to the men
Recommendations • Mentoring young lawyers to meet the overwhelming social needs around • Mentoring young lawyers should be encouraged to move into male dominated areas • Repackage gender message as some men are empathetic to this cause • Find innovative ways to address lack of access to education – enforce FCUBE
Prospects • With the high numbers being churned out from Law School, most female lawyers would be forced to specialise in male dominated areas to be relevant in the legal sector • Role models inspire female lawyers to move to the top. • Most people joining Law School for political reasons and retirement purposes