COURAGE OVER COMFORT: CAN WE REVITALIZE JUSTICE FOR WOMEN?

Building on the groundwork for exploration of the overarching question “Are our justice systems fulfilling their mandate, especially for women?” laid in Part 1, this piece dives into the crux of the crucial topic of justice for women.

Is legislative change enough?

Women and men share many of the obstacles that hinder billions of people around the globe from accessing justice (read more about this in our blog post # 1). Both men and women are impacted by barriers such as the inaccessibility of courts for people living in remote or rural areas, high costs, complicated procedures, and a lack of rights awareness.

But women often face additional hurdles.

We’re talking about things like intensive family responsibilities, less extensive social networks, and lower income, mobility, and literacy levels. All of which make the difficulties faced by men much harder to overcome for women. And as if that wasn’t enough, there are often cultural norms stacked against women, which can result in biased laws, institutional prejudices, and social stigma for even daring to pursue justice in the first place. That’s a lot to take in.

In response to these challenges, concerned actors have over the past decades developed a number of interventions to help women to seek and obtain justice. Among the most pivotal approaches are legislative and policy changes to remove norms that discriminate against women and introduce changes that empower and protect them.

In the past 50 years, we’ve seen over 1,500 legislative reforms implemented across 190+ countries.

However, while this figure may seem substantial, the advancement of women’s access to justice has not been smooth sailing.

According to World Bank data, women still lag behind, holding only about three quarters of the legal rights that men do. So, while ensuring that responsive laws are on the books is important, it is not the whole story. Just take a look at many communities across Asia and the Pacific where child marriage has been legally banned for years but is it’s still hanging around like an unwelcome guest at a party.

Laws need to be more than just words on paper. They must translate into real outcomes. A journey that critically relies on a well-oiled justice system, complemented by unrestricted access to its realm.

Formal or informal?

However, the laws are also only as good as the people and institutions enforcing them. The low level of access to justice among women is not solely the result of legal discrimination, it also stems from ignorance, reluctance and biases ingrained in society. That is where formal justice, created and enacted by governments, rubs elbows with informal justice systems based on cultural and/or religious traditions.

However, determining which system is better for women is a complex task.

In general, formal laws tend to uphold women’s rights better, but formal justice systems can also be quite a maze to navigate. On the other hand, norms in the informal systems may not offer as much protection for women, but the systems themselves are in many cases more accessible and familiar.

But do we have to choose one or the other?

A growing number of countries are exploring a more nuanced approach, devising clever ways of using both systems, leveraging their strengths and mitigating weaknesses. Some are establishing community-based mechanisms that not only abide by formal law but also respect local culture, all while providing accessible services.

Is fixing things for women the answer?

Beyond changing laws, there are also other ways to help women access justice. These have typically included setting up specialized services, training justice professionals, and providing legal aid. Such efforts aim to bridge gaps in women’s knowledge of their legal rights, their access to justice, and the responsiveness of the justice system to their needs. Think specialized women’s desks at police stations, training for prosecutors on the manifestations and impact of gender-based violence, or paralegals helping women claim and protect their rights.

There is no doubt that unimpeded access to justice for women is a key factor in granting them the full spectrum of rights, and the freedom to lead empowered lives. But the reality is that relying too heavily on approaches focused primarily on bridging specific gaps for women blinds us to their downsides.

This is because these approaches tend to add an entirely new level of women-specific services to compensate for the inherent shortcomings of the system. This is not only costly and challenging to sustain over the long term, but it also relegates women to recipients of fragmented, piecemeal efforts aimed at mitigating the most glaring disparities.

On the other hand, such approaches try to “fix” individuals – from legal professionals grappling with information gaps and insensitivity to women lacking awareness and understanding – without tackling the root problems that keep justice out of reach for many worldwide. Such a limited focus can stifle the exploration of a wider array of potential solutions, including systemic enhancements that would benefit all individuals, including women.

Can we get an upgrade?

We need a paradigm shift in how we see justice for women. Could we broaden our view to look at justice as a driver to elevate society as a whole, much like a rising tide that lifts all boats? We may need to think afresh about what justice means, how it’s best delivered, and who it should primarily benefit.

It’s going to take some courage to challenge the status quo.

Instead of focusing solely on how to fix the gaps that women face, it is time to look at approaches that can redefine and upscale justice for all, with women as an integral part of this movement. It is time to explore more extensively people-centred justice, legal design, low- and high-technology, alternative financing and other promising areas. Making women part of an ambitious system-wide upgrade, rather than the receivers of fragmented, occasional bug-fixes.

IN CONCLUSION, LET’S PONDER A FEW QUESTIONS: