Gender, Judging and the Courts in Africa

Gender, Judging and the Courts in Africa PDF

Author: J. Jarpa Dawuni

Publisher: Routledge

Published: 2021-11-29

Total Pages: 346

ISBN-13: 1000473309

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Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.

Gender and the Judiciary in Africa

Gender and the Judiciary in Africa PDF

Author: Gretchen Bauer

Publisher: Routledge

Published: 2015-10-30

Total Pages: 215

ISBN-13: 1317516494

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Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

International Courts and the African Woman Judge

International Courts and the African Woman Judge PDF

Author: Josephine Jarpa Dawuni

Publisher: Routledge

Published: 2017-11-28

Total Pages: 182

ISBN-13: 1315444429

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A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Gender and Judging

Gender and Judging PDF

Author: Ulrike Schultz

Publisher: Bloomsbury Publishing

Published: 2013-07-10

Total Pages: 640

ISBN-13: 1782251103

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Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Women Judges

Women Judges PDF

Author: Ulrike Schultz

Publisher: Taylor & Francis

Published: 2024-06-14

Total Pages: 93

ISBN-13: 1040039413

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Do women have equal chances in the judiciary? Although women have made their way into law faculties, in many countries of the world they still face drawbacks in judicial careers. This book delves into the different aspects of women at work in the judicial environment, focusing on judicial appointments, promotions, the glass ceiling and representation in high positions of the judiciary across international settings such as Nigeria, South Africa, Philippines, Turkey, Spain, and Northern Ireland. The contributions go beyond the classical career issues by digging into several questions related to women at work in the judicial environment, such as: Are women accepted by their colleagues and by clients at court – male and female? Do they get the recognition they deserve or is there indecent behaviour and discrimination against them? What about work-life balance? And how do women judges perceive their role? The book offers valuable insights by questioning and criticising the status quo, paving the way to a gender equal future in the judiciary. A significant new contribution to international scholarship in the field, this book was originally published as a special issue of the International Journal of the Legal Profession.

Judicial Integrity

Judicial Integrity PDF

Author:

Publisher: BRILL

Published: 2004-05-01

Total Pages: 321

ISBN-13: 9047413717

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Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Feminist Constitutionalism

Feminist Constitutionalism PDF

Author: Beverley Baines

Publisher: Cambridge University Press

Published: 2012-04-16

Total Pages: 495

ISBN-13: 0521761573

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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Women Judges in the Muslim World

Women Judges in the Muslim World PDF

Author:

Publisher: BRILL

Published: 2017-03-20

Total Pages: 346

ISBN-13: 9004342206

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Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.