Title: Elements of Judicial Reform: Access to Justice Gender Thursday January 13, 2005
1Elements of Judicial Reform Access to Justice/
GenderThursday January 13, 2005
- A. Waafas Ofosu-Amaah
- Senior Gender Specialist, PRMGE
2Overview
- 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
3What 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
4Characteristics 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
5Examples 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?
6Examples 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?
7Examples 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?
8What 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
9Gender-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
10Region-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
11Gender-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)
12Kenya CGA recommended legal policy reform to
address gender discrimination in 9 areas, e.g.,
13What are the Implications for LJR and are the LJR
projects targeting right issues?
- Opportunities?
- Challenges?
- Banks comparative advantage?