A/HRC/17/30
44.
Furthermore, the system of administration of justice should take into consideration
the predominant gender role of women as caretakers, whether of children or elderly parents.
An administration of justice system which does not take this into account (i.e.
assistance/relief in taking care of children or other dependants) results in women not being
able to seek justice.
IV.
Gender and the judiciary
45.
From a rule of law perspective, achieving gender equality and empowering women
not only requires a legal system that is consistent with international human rights norms
and standards. It also requires an independent judiciary able to exercise its role to uphold
the rule of law and make all persons, institutions and entities, public and private,
accountable to gender-sensitive laws. An independent, impartial and gender-sensitive
judiciary therefore plays a crucial role in advancing women’s human rights, achieving
gender equality and ensuring that gender considerations are mainstreamed into the
administration of justice. Judges, prosecutors and lawyers have a special duty at all times to
be alert to any sign of violence against women, whether State-sponsored, institutional,
State-tolerated, community violence or violence in the private sphere. The legal protection
of women must be scrupulously applied in the face of religious, cultural or other local
customs that may resist the view that a woman’s life is of equal value to that of a man.
46.
The Special Rapporteur refers hereinafter to the conditions required to develop a
gender-sensitive judiciary and the role of the judiciary in advancing women's human rights.
A.
Developing a gender-sensitive judiciary
47.
Developing a gender-sensitive judiciary within the broader context of the
administration of justice should be a priority for the State. States should therefore
endeavour to evaluate the structure and composition of the judiciary to ensure adequate
representation of women and create the conditions necessary for the realization of gender
equality within the judiciary and for the judiciary to advance the goal of gender equality.
1.
Ensuring adequate representation of women in the judiciary
48
The trust that societies and women themselves may have in the judiciary is essential
if courts and tribunals are to be responsive to women’s needs and protect women’s human
rights. In this regard, the Special Rapporteur shares the position expressed by the United
Nations High Commissioner for Human Rights, Navanethem Pillay, according to which the
only way to ensure women's perspectives in the administration of justice, including in
judgments delivered by national tribunals, is through women’s life experience and therefore
through the appointment of women judges who also represent the diversity of society and
who are therefore able to tackle judicial issues with fitting sensitivity.28
49.
Reflecting the diversity of societies is therefore essential to building trust in the
judicial system and ensuring that women's experiences and specific needs are taken into
consideration in all judicial affairs. It is clear that women resorting to courts may feel that
the judiciary is closer to them when it is composed of fair and impartial judges who
represent the diversity of society. Women, in particular those belonging to minorities or
underrepresented groups, should therefore be adequately represented in the judiciary.
28
10
See Statement by Ms. Navanethem Pillay, United Nations High Commissioner for Human Rights,
International Association of Women Judges, Jubilee Biennial Conference, Seoul, 12 May 2010.
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