GENDER, JUSTICE AND

DEMOCRATIZATION

DEVCO Gender module, 2012

EU Gender Advisory Serivices 2012 1

Objective of this course module:

Getting familiar with strategies to promote gender equality and women's empowerment in justice and democratization.

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Table of Contents

i. What is gender About?ii. International Commitments on Gender, Justice and

Democratizationiii. EU comprehensive Approach iv. Gender dimension: Legal Frameworksv. Gender dimensions: Access to Justicevi. Entry points for gender equality in Justice sectorvii. Gender analysis of Democratizationviii. Strategies to promote gender equality in

democratization processes 3

i. What is gender about?

GENDER:A concept that refers to the social differences between women and men that have been learned are changeable over time and have wide variations both within and between cultures.

(European Commission, 1998)

gender and sex

EU Gender Advisory Services - 2011

SexBiological differences (man/women)

Chromosomal and physiological characteristics of men and women do

not vary much among different cultures

No much difference in time and place

rather static

GenderSocially constructed differences

(masculinity/femininity)

Social, political, and economic roles may vary much among different cultures

Huge changes in time and place

dynamic

Socially constructed inequality

The problem is not that men and women are different, but

the traditionally assigned roles are valued differently and men and women are stereotyped

Everything associated with masculinity is valued higher

The result is inequality in opportunities, benefits, gender discrimination

“(…) with sound legal and justice systems, women can flourish and contribute to the advancement of

society as a whole, including by helping to improve those very same

systems for future generations – daughters and sons alike.”

Ban Ki-moon Secretary-General of the United Nations  

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Gender, Justice and Democracy

Factsheet (justice)

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Legal Reforms173 Countries guarantee Paid maternity leave139 constitutions guarantee gender equality125 countries outlaw domestic violence117 countries outlaw sexual harassment117 counties have equal pays115 countries guarantee women’s equal

property rights

Justification of Domestic violenceIn 17 out of 41 countries a quarter or more people think

that is justifiable for a man to beat his wife

Existence of laws prohibiting each forms of violence

Domestic violence 60%Sexual harassment 55%Marital rape 15%

Discriminatory Legal codes and customary practices limiting women’s ability to control land

(UN Women index on OECD data 2010: No access (0) to Full Access (1)

Latin America and the Caribbean 0,87Middle East and North Africa 0.63Sub-Saharan Africa 0.41South Asia 0.56East Asia and the Pacific 0.84Central Eastern Europe and Central Asia 0.88

Underreporting of rape casesA study on 57 countries in European countries

reports: - 10% of women have experienced sexual

assault; out of which only 11% reported it- 8% of women experienced robbery, out of

which 38% reported itThe same pattern is evident at global-level. Failure of justice services for women and lack of

confidence in justice may explain this pattern.

Factsheet (democracy)

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Legal ReformsExample of Rwanda: Rwanda superseded Sweden at the number

one in the world in terms of women’s parliamentary representation — 56.3 percent women against Sweden’s 47.3 percent. Rwanda is an example of the use of electoral gender quotas as a fast track to gender balance in politics

Rwanda recently approved important legal reforms on women rights:

the Succession Act (1999) establishing gender equality in inheritance and property ownership;

the National Land Policy (2004) and Land Law (2005) providing equality in statutory and customary land ownership;

the Law on Prevention and Punishment of Gender-Based Violence was passed (2008);

marital rape was criminalized (2009).

WOMEN IN NATIONAL PARLIAMENTS In national parliaments, the global average of seats

held by women is only 20.2 percent : Women make less than 20,2% of legislators (men still have 78.8.% and women only 20.2% of parliamentary seats)

WOMEN HEAD OF STATEOnly 16 women are Heads of State or Government

around the globe. (2012)

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ii. International commitments

International and Regional Commitments Convention on the Elimination of all forms of Discrimination Against Women

(CEDAW - 1979) Beijing Declaration and Platform for Action (PfA) (1995) Millennium Development Goals (2000), MDG3 Protocol to the African Charter of Human and People’s Rights on the Rights of

Women in Africa (Maputo Protocol – 2003) Inter-American convention on the Prevention, Punishment, and Eradication of

Violence against Women, 1994 (Belem do Para)

Institutional dimension: CEDAW monitoring process on reporting CEDAW Optional Protocol (in force since 2000) on the procedures for (a) claims

of violations of rights to the CEDAW Committee, and (b) enquiry procedures UN Special Rapporteur on Violence Against Women

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iii. EU approach

EU Commitments on Justice and Democracy Treaty of the European Union: European Consensus on Development (2006) EC Communication on Gender Equality and women empowerment (8

of March 2007) EU Guideline on Violence against women and girls (2008) EU Comprehensive approach to implementing UNSCR 1325 + 1820

(2008) European Instrument for Democracy and Human Rights – EIDHR

(2006; 2010) Council conclusions on Democracy Support in the EU’s External

Relations (2009) EU Strategic Framework on Human Rights and Democracy 2012-

2014 (2012)

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EU Gender strategyEU Gender 3 pronged approach • Political and policy dialogue on gender equality• Gender mainstreaming in all sectors and levels• Specific strategic actions for gender equity

EU-Gender Action Plan 2010-2015• Specific Objective 8: Strengthen EU support to partner countries in combating gender-based

violence and all forms of discriminations against women and girls • Targets:

⇨ Indicator 8.1.1 By 2011 at least 50% of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them.

⇨ Indicator 8.1.2 By 2015 80% of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them

⇨ Indicator 8.2-8.3.1 The thematic programmes and instruments (European Instrument for Democracy and Human Rights, Investing in People etc) will support NSAs to implement the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them

iv. Gender dimension of justice: Legal FrameworksAreas of marginalization

Domestic violence

Working environment

Ethnicity

Inheritance laws

Citizenship and family

laws

Sexual and reproductive

rights

Work pays

violence perpetrated within domestic walls often not considered

sexual harassment laws (lack of protection laws)

discrimination based on being from a certain tribe or indigenous group

in particular related to property and land

Inequalities related to marriage, divorce, custody

right to abortion, rights to maternity leave, HIV related information and treatments, etc.

equal pays for equal work, equal treatment, equal opportunities 13

Strategies to enhance the creation of non-discriminatory legal frameworks

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Capacity building on CEDAW (Reporting)

Shadow reports on CEDAW (Awareness raising)

Capacity building for structural changes

Specific targeted action to eliminate the most flagrant gender discrimination in legal frameworks or to address transitional justice

v. Gender dimension: Access to Justice

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Social and Institutional obstacles to women’s and girls’ access to justice

BARRIERS- lack of knowledge and social pressures- autonomy: Institutional- lack of gender sensitive expertise of staff- lack of resources and basic equipments- underrepresentation of women as judicial

actors- costs- lack of legal advice- distance from rural areas - bias in judicial decision-making and

discrimination in procedures

Need for gender analysis of justice sector (micro-meso-macro), including practical and strategic gender needs

Strategic needs (ex. Gender sensitive expertise; social pressure)

Gender desks (India)One-stop shops: integrating services tailor

made to women, in particular victims of assaults and violence (South Africa)

Capacity building for justice staff

Practical needs (ex. Costs and transports)Mobile courts (DRC) or transportation facilities;Free Legal Aid (Kirgizstan; Fiji)

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Institutional structures and procedures are often not adequate to take over women’s specific needs

Gender mainstreaming in structures and organizations

A. Organizations and procedures

B. Women service providers

C. Specialized Courts

D. Gender responsive policing and judicial decision making

Example Kenya: Using international law to

overcome discrimination in inheritance practices

Example Kenya: Using international law to

overcome discrimination in inheritance practices

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NSAs play a key role in fostering and advocating for women’s rights and gender equality in accessing justice

Mapping NSAs which need capacity building to support the process of equal access to justice

Legal clinics

Legal aid/representation

Paralegal programmes and legal aid

Monitoring (international commitments; use of non formal justice)

NSA & Access to Justice - Universities- Bar/lawyers associations- Local NGOs/CBOs- INGOs- Religious/community leaders

Non formal justice provision *

vi. Entry points for gender equality in Justice sector

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General Overview

1.Programming: • a. gender profile of justice• b. dialogue built upon common grounds (CEDAW, BfA, MdG)• c. including women’s rights CSOs in dialogue• d. defining process and targets for domestication of international standards 2.Identification:• GESCi, gender mainstreamed pre-feasibility study3.Formulation: • G-marker, gender mainstreamed logframe, gender impact assessment4. Implementation:• Sex-disaggregated and gender sensitive monitoring system, promote equal

opportunities in justice system, targets or quotas for women’s representation in justice (judges, police, etc.)

5. Evaluation: • Gender mainstreamed TOR, gender and justice experts in team, etc.

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Entry points for gender mainstreaming

1. Programming

4. Implementation

5. Evaluation + Audit

2. Identification

3. Formulation

NIPCSP

Identification fiche

GeSCi

Financing agreement

Action fiche GeSCf

Annual Operational Plans

MonitoringReports

EvaluationReportAudit

Country (or Sector) Gender Profile

G-marker

‘Engendered’ TOR for evaluation

Gender Tools forResult Oriented

Monitoring (ROM)

3. Formulation

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1. Programming:

Gender profile of justice: defining gender issues to be addressed

Dialogue built upon common grounds (CEDAW, BfA, MDG)

Including women’s rights CSOs in dialogue

Defining process and targets for domestication of international standards

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2. Identification:

• Have gender equality issues relevant to the project been identified?

• Are the gender equality issues identified supported by reference to partner government’/EU policy commitments to gender equality?

• Are statistics for project identification disaggregated by sex?

• Has qualitative information on gender equality issues been used in the project identification stage?

• Does the preliminary stakeholders’ analysis clearly identify women and men stakeholders and their respective roles?

• Does the problem analysis provide information on the problems specific to men and women or common to men and women?

• Have both women and men been part of the consultative process?

• Is there a requirement for more-in depth gender analysis to be undertaken?

• Has the requirement for more in-depth gender analysis been reflected in the tor prepared for the formulation phase?

•

Gender mainstreamed pre-feasibility study

GeSC-i (Gender equality Screening Checklist for Project identification Stage)

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3. Formulation:

• Has a full scale gender analysis been done during the formulation stage?

• Have gender equality issues relevant to the project been identified?

• Are the gender equality issues identified supported by reference to the partner government’s/EU policy commitments to gender equality?

• Are the statistics used for the project formulation disaggregated by sex?

• Have qualitative information on gender equality issues been used in the project formulation phase?

• Has the logframe been engendered?

• Do the management systems established by the project respect the principle of gender equality and equal opportunities?

• Have all factors potentially affecting the sustainability of gender equality actions been thoroughly addressed?

•

Gender impact assessment

GeSC-f (Gender equality Screening Checklist for Project Formulation Stage)

G-marker

Gender mainstreamed logframe

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4. Implementation:

Sex-disaggregated and gender sensitive monitoring system

Equal opportunities in justice system

Targets or quotas for women’s representation in justice

Equal access to justice

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5. Evaluation:

Gender mainstreamed TOR

Gender and justice experts in team

vii. Gender analysis of Democratization

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ObstaclesRegulatory frameworkResistance from traditional culturesWomen’s multiple roles /reconciliation

family and professional life

OpportunitiesBetter mainstreaming of gender needs

in all policies and sectorsEnhanced media role in considering

gender issuesPolitical parties considering gender

issues in programmesSocial acceptance

macromacro

mesomeso

micromicro

Parliament, GovernmentParliament, Government

District/provincial government (service offer); public and private institutions, labour

market; intermediate NGOS

District/provincial government (service offer); public and private institutions, labour

market; intermediate NGOS

Local government; grass roots organizations;

companies; communities, families (service demand)

Local government; grass roots organizations;

companies; communities, families (service demand)

macro-meso-micro analytical framework

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Representative democracy Political parties, elections, parliaments

Participative democracy• Access to information and media role• Civic participation

• Democracy: “A system of government by and for the people. Literally means ‘rule by the people’. At a minimum democracy requires

• (a) universal adult suffrage; • (b) recurring free, competitive and fair elections; • (c) more than one serious political party; and • (d) alternative sources of information. • It is a system or form of government in which citizens are able to hold

public officials to account”• [International IDEA]

Example: Barriers to women’s participation

in elections

Example: Barriers to women’s participation

in elections

viii. Strategies to promote gender equality in democratization processes

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a. Women’s empowerment

b. Awareness raising among political parties

c. Capacity building for gender mainstreaming in governmental institutions

d. Gender budgeting in state reform and decentralisation

e. Quotas

f. Role of Women’s Machinery to promote gender equality through democratisation processes

Strategies to promote gender equality in democratization processes (a)

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Women’s and citizens empowerment

Capacity to participate in elections and electoral reforms

Active participation and networking

Capacity to engage policy information and claim rights

Capacity to monitor/oversight parliament

Example Women in Parliament projectExample Women in Parliament project

Strategies to promote gender equality in democratization processes (b)

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Awareness raising among political parties

UNDP Key suggestions to political parties for including more women in the political process:1. Adopting a statement on gender equality in the party’s founding documents;2. Internal quotas for women’s participation and candidature;3. Setting targets for female participation in party conventions. Can include separate forums for women;4. Establishing women’s wings and sections within parties;5. Ensuring that gender is included in all of the party’s policies;6. Ensuring women are allocated safe seats;7. Working with civil society organizations to oversee the implementation of quotas;8. Expanding and training the pool of women candidates;9. Sharing experiences with other parties across countries and regions;10. Providing training to women candidates in such skills as fundraising, message development, media

relations and communicating with voters;11. Training and promoting women in campaign leadership positions (e.g. in campaign management);12. Ensuring women’s visibility in the campaign by providing additional media exposure;13. Identifying and disseminating party positions that are priorities for women, which could also attract

more women’s votes for their party;14. Monitoring elections, including by recruiting women as party agents to be present at polling stations,

particularly if those polling stations are allocated for women only; and15. Providing information to voters that include specific messages highlighting the importance of women’s

votes and women’s right to vote as equal members of society.

Strategies to promote gender equality in democratization processes (3)

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Strategies to promote gender equality in democratization processes (c)

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Capacity building for gender mainstreaming in governmental institutions

Public administration

Decentralization and local governance

Parliamentary Development

Electoral bodies

Strategies to promote gender equality in democratization processes (d)

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Gender budgeting in state reform and decentralisation

Gender budgeting: restructuring revenues and expenditures to promote gender equality

• TOOLS FOR GRB: • 1. Gender-aware policy appraisal• 2. Gender-disaggregated beneficiary assessment • 3. Gender-disaggregated public expenditure incidence analysis• 4. Gender-disaggregated analysis of the impact of the budget on time use• 5. Gender-aware medium term economic policy framework• 6. Gender-disaggregated tax incidence analysis• 7. Gender-aware budget statements

Strategies to promote gender equality in democratization processes (e)

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Quotas

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

CEDAW Art. 4

Example national level: Rwanda

Example national level: Rwanda

Example local level: India

Example local level: India

Strategies to promote gender equality in democratization processes (f)

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Role of Women’s Machinery to promote gender equality through democratisation processes

“A national machinery for the advancement of women is the central policy- coordinating unit inside government. Its main task is to support government- wide mainstreaming of a gender equality perspective in all policy areas.”

Beijing Platform for Action (Para. 201)

Follow–up of international commitments related to gender issues and women’s rights (CEDAW, Peijing PfA, MDGs).

EXERCISE***Find the proper strategies and main target groups***

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1. Which strategy would be the most appropriate to address this problem?2. To which target group(s) should this strategy be focused?

A Women’s empowermentB Capacity BuildingC Equal Opportunities PolicyD Women’s MachineryE Temporary special measuresF Gender mainstreamingG Specific Actions to enhance gender equalityH Gender budgetingI Political and policy dialogue

1. The fully implementation of CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) is hampered due to lack of awareness and expertise at institutional level (police, courts, lawyers)

2. Gender-disaggregated statistics show that women from rural areas suffer seriously from domestic violence, although there is a low rate of denounce to public authorities.

3. Inheritance rights are hampered by the existence of customary practices: women do not know how to get equal access to and effective control over ownership of land/house . 4. There is a serious underrepresentation of women in local assemblies; women have already received training for political participation at local level, however the traditional local politicians are not willing to share decision making power at community level with women