Gender and justice: a foundation for economic empowerment

Providing access to justice for all means having a judiciary that serves and reflects everyone in the population. All groups— including women, small businesses, and rural and the urban poor, and others; must have access and be represented throughout the judiciary. Gender equality in the justice system is not an option if we are truly committed to justice for all. Without access, the cycle of poverty will be perpetuated and women and girls will not have a chance to lift themselves and their families out of poverty. We must focus on creative ways of ensuring full equality and access to justice for all.

Courts play a key role in protecting women’s rights, especially in cases that are initiated by women. This includes family law cases, such as matters formalising marriage or divorce, determining custody of children and requesting protection from violence. Several countries in Africa have been spearheading initiatives to enhance gender equality in their justice systems.

Special courts—such as family courts, as well as gender units within the judiciary like the Tanzania Women Judges Association (TAWJA) — can use judicial actors who are trained on gender equality and rules that are gender-sensitive. In partnership with the World Bank Group, Tanzania is now implementing the Citizen-Centric Judicial Modernisation and Justice Service Delivery Project under which Tanzania is one of the first countries piloting the innovative Justice-on-Wheels Programme.

The programme features mobile courts to take court services directly to vulnerable groups such as women, small businesses, and the poor, using buses, minivans and other vehicles outfitted as mobile courts in urban and rural areas. It will facilitate safe and effective access to justice services and help ensure that target beneficiaries are able to make use of them.

By strengthening the rule of law and narrowing inequality, access to justice allows all people to use the legal system to advocate for their interests and ensure enforcement of the law. This is not only about prosecuting crimes. It is also about empowering women and addressing the underlying gender inequalities present in all societies. At the same time, access to the legal system is a critical component of women’s entrepreneurship and employment, since it affects their mobility, decision-making abilities and effective use of laws and regulations.

While broadening access to justice is a first step, we must go further. We must ensure that this access translates into effective justice. To protect women, we are encouraging governments to establish specialised courts and procedures for cases of gender-based violence. Establishing fast-track procedures and authorising protection orders for domestic violence cases can make a judicial system more responsive while giving women more confidence that it can help.

Violence affects women and girls of all ages, regardless of location, income level or social status. It can undermine their economic empowerment by preventing employment and blocking their access to financial resources. In Tanzania, a recent study showed that women engaged in formal wage work who are exposed to severe partner violence have earnings 60 per cent lower than women who are not exposed to such violence. In one of its reports, the Women’s Legal Aid Centre (WLAC) of Tanzania noted that Women in Tanzania are routinely denied rights granted to them by international and domestic law. These violations occur due to patriarchal laws and cultural traditions that devalue women in both the public and private sphere.

The Judiciary of Tanzania plans to establish One-Stop Centres devoted to fast-tracking probate and family cases under one roof with special and expedited procedures from filing to final determination. By establishing specialised courts and procedures, the judiciary can ensure that cases are addressed adequately and give greater assurance to women that bringing a case to court will result in a fair and effective outcome. This includes having judges, prosecutors and court staff in place who are well trained and equipped to deal with cases of domestic violence. It also means making protection orders available against immediate or further aggression.

Rules that govern court procedures can establish a gender-sensitive environment, with special attention to confidentiality and privacy. This includes allowing women subjected to sexual violence to testify in camera or in private chambers, as well as setting up non-adversarial procedures in resolving disputes, special waiting areas for victims, and simplified evidentiary requirements.

We call for increasing the number of female judges to make the judiciary more representative of women. Above all, we need more collaboration within the chain of justice, training and brainstorming to help ensure access to effective justice for all women across Africa. Without providing the access they need, we cannot reach our goal of eradicating poverty and boosting shared prosperity.