Gender and Access to Justice

Gender and the Law, November 17th-18th 2011, St Lucia

Mary Stacey

Barriers to justice

• Difficulties with proof and evidence• Burden of proof in discrimination claims• Statutory questionnaire procedure• The drawing of inferences• Right to privacy v. public hearings and a

transparent judicial process

Sexual offences and criminal justice

• Under reporting of sexual offences• Difficulties with police investigation and

prosecution• Effective case management• Special measures at trial• Particular problems: consent and alcohol

The role of the judiciary

• Equal Treatment Advisory Committee• Judicial training in equality and diversity• Perception of court users: parties, witnesses,

public, press & advocates• Impact on proceedings

Particular problems of equal pay

• Enduring pay gap between men and women• Job evaluation systems• Evolving workplaces and roles• Cost of litigation• Length of proceedings• Cost of settlement

Public sector equality duty (1)

Why

• To build consideration of equality into public sector decision-making at every level

Who

• Duty applies to public authorities and private bodies exercising public functions

What

• Have regard to eliminating discrimination, harassment and victimisation• Advance equality of opportunity between men and women• Foster good relations between men and women

Public sector equality duty (2)

• Before any policy adopted or decision made• Continues thereafterTiming

• Development of policy and broad practice• Particular decisions in individual casesScope

• Conscientiousness• Rigour• Open mind

Approach

• Equality impact assessment• Data collection• Action plan

Specific duties

Public sector equality duty (3)

“ An important reason why the laws of discrimination have moved from derision, to acceptance, to respect over the last three decades has been the recognition of the importance not only of respecting rights but also of doing so visibly and clearly by recording the fact.”

R (Chavda) v Harrow LBC [2007] EWHC3064 (admin)