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Elements of Judicial Reform: Access to Justice Gender Thursday January 13, 2005

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Gender differentials in access to justice. Opportunities and challenges for the Bank: ... Gender capacity building for law and justice sector. 4 ... – PowerPoint PPT presentation

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Title: Elements of Judicial Reform: Access to Justice Gender Thursday January 13, 2005


1
Elements of Judicial Reform Access to Justice/
GenderThursday January 13, 2005
  • A. Waafas Ofosu-Amaah
  • Senior Gender Specialist, PRMGE

2
Overview
  • Gender-related legal issues relevant for
    development
  • Characteristics of the gender-related LJR work A
    summary
  • Examples of current LJR projects on gender
  • Key LJR-related needs from the Gender Strategy
    perspective
  • Gender-relevant legal and judicial dimensions/
    issues from the regions Findings from LAC, MENA
    AFR CGAs
  • Kenya CGA recommendations for legal and policy
    reform
  • Implications for LJR projects

3
What are the Relevant Gender-Related Legal Issues
for the Development Agenda?
  • Positive Impacts of the Law on Gender Equality
  • Provide an enabling environment for gender
    equality
  • Provide basis for the recognition of gender
    equality
  • Negative Impacts of the Law on Gender Equality
  • Discriminatory legal systems
  • Gender differentials in access to justice
  • Opportunities and challenges for the Bank
  • Institutional strengthening
  • Gender capacity building for law and justice
    sector

4
Characteristics of Banks gender-related LJR
Work A Summary
  • Mostly small-scale, capacity and institution
    building grants-based (IDFs, JSDFs)
  • Emphasis on institutional capacity building
  • Narrowly-defined sectoral focus

5
Examples of Small-Scale, Grant-Based LJRs with
Gender Focus
  • Uruguay - 300K to support efforts to implement
    international, regional and domestic law
    pertaining to gender-based violence
    (Strengthening Uruguays Justice Institutions for
    Equitable Development, 2004)
  • Mauritania - 285K to support the greater
    participation of women in the legal and judicial
    reform process (Application of the Law and
    Advancement of the Legal Status of Women, 1999)
  • Cambodia - 470K for development of laws on
    womens and childrens rights (Rule of Law
    Development Project, 1998)
  • Key Questions What is the evidence of impact on
    the ground, and what are the opportunities for
    scaling up?

6
Examples of Institutional Capacity Building Focus
  • Burundi - 460K to train staff in the Ministry of
    Social Action and the Advancement of Women, build
    partnerships between the Ministry and civil
    society, e.g., Associations of Women Jurists to
    develop action plans for gender-sensitive
    legislation design legal literacy programs and
    develop outreach activities (Capacity Building
    for Gender-Sensitive Legal Reform, 2003)
  • Rwanda - 400K to support government and civil
    society activities for gender-responsive legal
    reform, including building the capacity of the
    Ministry of Gender and Women in Development to
    develop a plan to eliminate discrimination
    against women through training, coordination and
    monitoring (Institutional Strengthening for the
    Legal Advancement of Women, 2001)
  • Key Question What are the indicators of success
    for Institutional Capacity Building?

7
Examples of Narrowly-Defined Sectoral Focus
  • Ghana - 400K grant to build capacity of AGs
    Office, Ministry for Women and Children in
    identifying gender-responsive legal policies and
    actions with a specific focus on the legal
    dimensions of HIV/AIDS (Ghana Legal Reform IDF
    Grant, 2002)
  • Nigeria - 400K grant with to build partnerships
    between National Center for Womens Development,
    Legal Affairs Division of the Federal Ministry of
    Women Affairs and Youth Development, again in
    context of HIV/AIDS (Nigeria Legal Reform and
    Legal Aid grant, 2002)
  • Cambodia Rule of Law Development grant targeted
    laws and regulations relating to labor force and
    education
  • Key Question What is the evidence of positive
    impacts of LJR activities on the sectoral issue
    targeted?

8
What are key LJR-related needs from the Gender
Strategy OP/BP Perspective?
  • Gender profile
  • Laws, norms and societal practices that lead to
    discrimination
  • Country policy and institutional contexts
  • Gender policies and priorities
  • Legal and regulatory framework
  • Institutional arrangements
  • Portfolio review (optional)
  • May include LJR project
  • Suggested policy and operational interventions
  • May include legal reform

9
Gender-Relevant Legal Dimensions of CGAs(LAC)
  • Discriminatory laws and complex and unfriendly
    processes
  • Land reform and male bias (favoring farmer orgs,
    household heads, etc.)
  • Violence (as a health risk to adolescent males,
    male violence as a link to sexual abuse of
    children and violence against women)
  • Alcoholism and substance abuse
  • Child labor issues within the context of
    International Conventions

10
Region-Specific Legal Issues from MENA CGAs
  • Citizenship and nationality - discriminatory and
    patriarchal
  • Personal status laws - nationality of children,
    civil status, passports
  • Labor legislation operates against womens
    interests by barring them from a range of
    occupations deemed hazardous or requiring
    strength, in violation of CEDAW

11
Gender-Relevant Legal Dimensions of CGAs(AFR)
  • Limited enforcement of laws
  • Lack of effective institutional framework for
    enforcement
  • Multiple legal systems tend to lead to
    gender-based inequalities (statutory, customary
    and religious laws)
  • Womens limited access to and control over
    productive and other resources
  • Violence against women (female genital
    mutilation, gender based violence in war-torn and
    conflict areas)
  • HIV/AIDS issues (traditional practices and
    customs, marriage, divorce, inheritance, child
    custody)

12
Kenya CGA recommended legal policy reform to
address gender discrimination in 9 areas, e.g.,
13
What are the Implications for LJR and are the LJR
projects targeting right issues?
  • Opportunities?
  • Challenges?
  • Banks comparative advantage?
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