A/HRC/17/30
50.
The importance of ensuring adequate representation of women in public offices has
been recognized at the international level, inter alia, in the Convention on the Elimination
of All Forms of Discrimination Against Women 29 and the Beijing Declaration and Platform
for Action.30 In this regard, the Special Rapporteur welcomes efforts by international and
regional courts and tribunals for the inclusion of adequate gender representation as a
criterion for the selection of judges.31
51.
The Special Rapporteur wishes to highlight the fact that equal representation of
women in the judicial system also includes the defence counsel. In this regard, she wishes
to draw attention to the creative approach adopted by the International Criminal Court,
when it was found that in January 2010 that only 61 of the total of 335 counsel registered to
practise before the Court were women, and less than four per cent of counsel were African
women. To bridge this gap the Court, in cooperation with the International Bar Association,
launched the campaign "Calling African Female Lawyers".32 This innovative effort has
resulted in an increase in the number of female African counsel on the defence counsel list
and these female lawyers have also been provided with relevant training.33
52.
Increasing steps to ensure the equal representation of women and men in the judicial
system is essential. Where challenges exist in identifying female legal professionals to be
appointed as judges, prosecutors or included in the list of defence counsel, creative
strategies, including broadening outreach and networking activities, should be
implemented.
2.
Mainstreaming gender within the judiciary
53.
In the Special Rapporteur’s view, mainstreaming gender within the judiciary implies
that the multiple roles of women and men are taken into consideration in the conduct of
business within the judiciary, including in the day-to-day operations and the overall
planning of the judicial sector. For example, data collection should be sex-disaggregated to
guide efforts to plan and build sectorial strategies and gender-neutral language should be
preferred in the rulings, minutes and briefing notes to avoid reproducing and promoting a
male-centred vision of the world.
54.
Efforts should be strengthened to ensure that women are not only considered as
victims or clients within the judiciary, but also as key actors in the administration of justice.
Women should also be seen as legal professionals with strengths and capacities to
contribute to the integrity of the justice system.
55.
In this regard, judges and all judicial staff should be adequately trained and
sensitized to treat female judges as competent and impartial judges who are committed to
exercising independent judgement and are capable of taking on cases in all areas of the law.
The Special Rapporteur deeply regrets that in some instances female judges are considered
29
30
31
32
33
For example, article 7 (b) of the Convention on the Elimination of All Forms of Discrimination
against Women recognizes women's right “to perform all public functions at all levels.”
See Beijing Declaration and Platform for Action, Strategic objective G.1., para. 190 (a).
See, inter alia, article 14.3 of the Protocol on the Establishment of an African Court on Human and
Peoples’ Rights; Rule 14 of the European Court of Human Rights Rules of Court; Article 36.8 (a) (iii)
of the Rome Statute of the International Criminal Court.
International Criminal Court, Calling African Female Lawyers. Available from:
http://femalecounsel.icc-cpi.info/
Assembly of States Parties to the International Criminal Court, report of the Bureau on equitable
geographical representation and gender balance in the recruitment of staff of the International
Criminal Court, document No. ICC-ASP/9/30, December 2010, para. 4.
11
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