A/HRC/17/30
equality within the judiciaries of Ibero-American countries. She also commends Mercosur59
for the development and implementation of the project of institutional strengthening and
gender mainstreaming (“Fortalecimiento de la institucionalidad y la perspectiva de
género”)60 and invites the Permanent Forum of Supreme Courts of Mercosur to consider
adopting a gender approach, including staffing, training and academic exchange efforts.
D.
Ensuring adequate representation of women in the judiciary
81.
The Special Rapporteur especially welcomes initiatives to promote the participation
of women in the conduct of public affairs, seeking to increase the representation of women
in publicly elected office, including the legislature, as well as in high-ranking civil service
positions and the judiciary, in accordance with international standards.61 She especially
welcomes efforts undertaken over the past two decades, inter alia, in a number of LatinAmerican, African and Asian countries that have adopted quotas to increase the
representation of women mostly in parliament62 and in some instances in all public offices
including the judiciary.63 The Special Rapporteur invites States to monitor the compliance
of all State institutions with these laws and encourages the judicial power to take all
necessary steps to ensure that women and men are equally represented in the judicial
systems at all levels. Further study on the adequate representation of women in the
judiciary is required.
VI.
Conclusions
82.
The system of administration of justice plays a crucial role in the effective
protection of women’s human rights, the empowerment and development of women
and the advancement of gender equality. The Special Rapporteur highlights the
importance of an adequate legal and policy framework for the protection and
empowerment of women and the achievement of gender equality, including through
the ratification of international human rights instruments and other relevant legal
instruments and their translation into effective laws, policies and programmes at the
national level. An independent and impartial judiciary, an independent legal
profession and the integrity of the judicial system based on equal gender opportunities
are essential prerequisites to effectively protect women’s human rights and ensure
that the administration of justice is free from discrimination on the ground of gender.
83.
In the Special Rapporteur's view, developing a gender-sensitive justice system
involves mobilizing the full range of processes, mechanisms, laws and policies in place
within the structure of the State to strive to ensure women’s human rights and achieve
gender equality in the society. A truly independent, impartial, transparent and solid
judiciary and legal profession must be aligned with the international legal and policy
framework on women’s human rights and gender equality so that it can truly strive
59
60
61
62
63
Mercosur Member States are Argentina, Brazil, Paraguay and Uruguay. States with associate
membership status include Bolivia, Chile, Colombia, Ecuador and Peru.
See Fortalecimiento de la Institucionalidad y la perspectiva de género en el MERCOSUR, available
at: http://www.mercosurmujeres.org/XXIIIacta_documento2.htm
General comment No. 28, para. 29: Equality of rights between men and women (article 3):
03/29/2000. CCPR/C/21/Rev.1/Add.10, general comment No. 28.
Afghanistan (2004); Argentina (1991); Brazil (1997); Burundi (2004); Costa Rica (1997); Dominican
Republic (1997); Ecuador (1997); Liberia (Gender Equity in Politics Act of 2010); Mexico (1996);
Panama (1997); Paraguay (1996); Rwanda (2003), Timor Leste (2000); Uganda (1995).
Colombia (Law 581 of 2000).
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents