Professional Documents
Culture Documents
2011–2012
IN PURSUIT OF
JUSTICE
Progress of the World’s Women: In Pursuit of Justice
This volume of Progress of the World’s Women starts with a Pervasive discrimination against women creates major hurdles Progress of the World’s Women outlines
paradox: the past century has seen a transformation in women’s to achieving rights and hinders progress on all of the Millennium
legal rights, with countries in every region expanding the scope of Development Goals (MDGs) – the benchmarks that the ten recommendations to make justice
women’s legal entitlements. Nevertheless for most of the world’s international community has set to eradicate extreme poverty – systems work for women. They are proven
women, the laws that exist on paper do not translate to equality from improving maternal health, to achieving universal education
and justice. and halting the spread of HIV and AIDS. and achievable and, if implemented,
In 1911, just two countries in the world allowed women to vote. Although equality between women and men is guaranteed in
they hold enormous potential to increase
A century later, that right is virtually universal and women are the Constitutions of 139 countries and territories, inadequate women’s access to justice and advance
exercising greater influence in decision-making than ever before. laws and implementation gaps make these guarantees hollow
Alongside women’s greater political influence, there has been a promises, having little impact on the day-to-day lives of gender equality.
growing recognition of women’s rights, not only political and civil, women. In many contexts, in rich and poor countries alike, the
but also economic, social and cultural rights. Today, 186 countries infrastructure of justice – the police, the courts and the judiciary
worldwide have ratified the Convention on the Elimination of All – is failing women, which manifests itself in poor services and
Forms of Discrimination against Women (CEDAW), signalling their hostile attitudes from the very people whose duty it is to meet
commitment to meeting the human rights of women and girls, women’s rights.
breaking down the barriers to gender equality and justice.
Progress of the World’s Women shows that well-functioning
And yet, while examples of countries making immense strides legal and justice systems can be a vital mechanism for women
in promoting gender equality abound, all too often women are to achieve their rights. They can shape society by providing
denied control over their bodies, denied a voice in decision- accountability, by stopping the abuse of power and by creating
making and denied protection from violence. Some 600 million new norms. The courts have been a critical site of accountability
women, more than half the world’s working women, are in for individual women to claim rights and to set legal precedents
vulnerable employment, trapped in insecure jobs, often outside that have benefitted millions of others.
the purview of labour legislation. Despite major progress on legal
frameworks, millions of women report experiencing violence This report highlights the ways in which governments and civil
in their lifetimes, usually at the hands of an intimate partner. society are working together to reform laws and create new
Meanwhile, the systematic targeting of women for brutal sexual models for justice service delivery that meet women’s needs. It
violence is a hallmark of modern conflicts. demonstrates how they have risen to the challenge of ensuring
that women can access justice in the most challenging of
situations, including in the context of legal pluralism and during
and after conflict.
Meera Dhungana on behalf of FWLD v HMG Unity Dow v Attorney General of the Republic of Botswana
In Nepal, the law exempted men from being prosecuted for the rape of Despite being a citizen born and raised in Botswana, the law stated that
their wives. In 2002, in a case taken by the Forum for Women, Law and because Unity Dow had married a foreigner, their two children required
Development, the Supreme Court ordered Parliament to amend the rape residence permits and were denied their rights as citizens. This landmark
law. To date, 52 countries worldwide have explicitly criminalized marital 1992 case confirmed that the guarantee of equality in the Constitution
rape in their penal codes. applied to women’s citizenship rights.
Judgment of the Constitutional Court of Colombia Velez and others v Novartis Pharmaceuticals
In 2006, Women’s Link Worldwide took a case on behalf of Martha Solay In the largest gender discrimination class action ever to go to trial in the
to challenge the law prohibiting doctors from performing an abortion to United States of America, 12 female employees of the pharmaceutical
save her life. The Court held that the ban violated women’s fundamental company Novartis alleged they were discriminated against on pay and
rights and affirmed that abortion must be accessible in certain cases. promotions. The jury found unanimously in their favour and Novartis
agreed to pay US$175 million to settle the matter, including $22.5 million
for improvements to policies and programmes to promote equality in the
workplace.
Executive Summary | 1
Implement gender- There has been progress in every region,
so that in 2011:
But despite significant advances, discriminatory
laws, gaps in legal frameworks and failures of
While CEDAW has been ratified by almost
all United Nations Member States, it is also
sensitive law reform implementation mean that women continue to be one of the treaties with the largest number of
Number of countries
attrition in the One way to reduce attrition is to invest in one-stop TCCs are staffed by specialized medical
with reservations
justice chain shops, which bring together vital services under
one roof to collect forensic evidence, and provide
personnel, social workers and police, who are
on call 24 hours a day. Conviction rates for rape
legal advice, health care and other support for cases dealt with by the Soweto TCC in Gauteng
The justice chain, the series of steps
30
Equal rights women. The Thuthuzela Care Centres (TCCs) in Province have reached up to 89 percent,
in marriage that a woman must take to seek
or the family
South Africa are one successful example of this compared to a national average of 7 percent.
redress, is characterized by high approach. The Thuthuzela model is now being replicated in
levels of attrition, whereby cases are other countries, including Chile and Ethiopia.
Compatibility These Centres are located in public hospitals and
with religious dropped as they progress through the
provide emergency medical care, counselling
22 laws or
traditional
codes
system. As a result, only a fraction
of cases end in a conviction or a
and court preparation in an integrated and
survivor-friendly manner.
just outcome.
20 Equality of
nationality Figure 3: Rape case attrition in a sample of European countries
100
Only a fraction of reported rape
cases result in conviction.
80
19 Other
Percent of reported cases
concerns
60
Austria
Belgium 40
Elimination of
17 discrimination England & Wales
20
Sweden
0
8 Equal rights to Victim Suspect Suspect Suspect Referred Trial Conviction
choose residence interviewed identified interviewed charged for trial at court
4 | 4Progress
| Progress
of the
of the
World’s
World’s
Women
Women
Sweden, Canada, Denmark, Norway and Germany
were the largest donors to programmes in which Train judges and Box 2: Vishaka and the power of gender-sensitive judicial
gender equality was a primary aim, supporting
activities including training for judges; legal aid
monitor decisions decision-making
for survivors of violence; women’s participation
in peacebuilding and reconciliation; reintegration Balanced, well-informed and In 1996, the Indian NGO, Sakshi conducted interviews with judges, lawyers and female
of victims of trafficking; and awareness-raising litigants to explore the impact of judicial perceptions and decision-making on women who
unbiased judicial decision-making
campaigns to reduce early marriage. Guatemala, come to court. More than two thirds of judges said that women who wore provocative
Burkina Faso, the Democratic Republic of the is an essential part of ensuring that
attire were inviting rape.
Congo, Afghanistan and Colombia received the women who go to court get justice.
most gender justice aid in 2009. However, even where laws are in Sakshi developed a programme to change As one of the presiding judges in the case,
place to guarantee women’s rights, internalized myths and gender stereotypes, Justice Verma was undeterred by the
Over the decade 2000 to 2010, the World Bank which has since expanded to 16 countries in absence of existing sexual harassment laws,
allocated $874 billion to 6,382 grants and loans, they are not always properly or fairly
the Asia-Pacific region. India’s former Chief recognizing that the right to gender equality
of which $126 billion (14 percent) was allocated applied by judges. Justice, Jagdish Sharan Verma, was among and to a safe working environment was
to public administration, law and justice. Over the first participants in the programme. guaranteed by both the Constitution and
this time, 21 projects included components on Organizations such as the International India’s international obligations under CEDAW.
Shortly after, Justice Verma had the
gender equality and the rule of law, supporting Association of Women Judges and Sakshi, The Court used the case to produce the first
opportunity to put into practice what he had
activities such as improving women-friendly an Indian NGO, provide judges, both comprehensive legally enforceable guidelines
learned. When Bhanwari Devi was gang-raped
court infrastructure; recruitment and capacity women and men, with specialized training on sexual harassment in both public and
by local men, while doing her job as a social
building of paralegals; and policy advocacy for and space to discuss the challenges they private employment.
worker in a village in Rajasthan, she not only
legal reforms. The total allocated to the gender face, which can help to build understanding
initiated criminal proceedings, but also sought The Vishaka decision has inspired a similar
equality components of these projects amounted of, and commitment to, gender equality.
a broader remedy for other working women. case in Bangladesh and law reform in Pakistan,
to just $7.3 million. The impact of this work is demonstrated
Supported by five women’s organizations, so that today almost 500 million women of
through dozens of groundbreaking
including one called Vishaka, and by Naina working age in these three countries alone
In December 2010, the World Bank concluded cases decided by judges who have
Kapur, founder of Sakshi and lead instructing have the legal protection needed to carry out
the process of replenishing the International participated in these trainings (see Box 2).
counsel, Bhanwari took the case to the Indian their work free from harassment and abuse.
Development Association (IDA) fund, with 51
donors pledging $49.3 billion to support the Systematic tracking of judicial decision- Supreme Court. Here they won watershed
poorest countries between 2011 and 2014. making is needed at the national level to recognition of sexual harassment in the
In this round, four areas of special focus were provide accountability to women seeking workplace.
agreed, of which gender equality was one. This justice and to enable civil society and
presents an important opportunity to ensure governments to monitor the performance of
that women’s access to justice receives a larger the courts on women’s rights.
share of the World Bank’s funding in the future.
Executive Summary | 5
Increase women’s Sexual violence as a tactic of
warfare has been used systematically
Very significant advances in international law
in the past two decades have, for the first time,
Furthermore, measures are needed to make
courts as well as other justice forums, such as
In the past, the impact of conflict on women has barely been acknowledged in international law. As a result, women’s experiences have been largely denied and written out of
history. However, in the past two decades, significant advances have been made in the recognition and prosecution of sexual violence crimes committed during conflicts.
In the 1929 Geneva Convention, sexual 1993 1998 2000 2002 2008–2010
violence was treated as a matter of moral The International Criminal In Prosecutor v Akayesu at United Nations Security The Rome Statute, which United Nations Security
defamation, rather than a violent crime. Tribunal for the former the International Criminal Council resolution 1325 established the International Council resolution 1820
The Charters of the Nuremburg and Tokyo Yugoslavia was established. Tribunal for Rwanda, it was recognized the role of Criminal Court, codified called for effective steps
Tribunals, established to prosecute war crimes The Statute recognized found that rape constitutes women in peacebuilding, as international crimes a to prevent and respond to
in the aftermath of the Second World War, did that rape is a crime against genocide and a crime emphasizing the need for broad range of sexual and acts of sexual violence as a
not include rape. humanity and a series against humanity for the first their full participation in all gender-based crimes. Of the central part of maintaining
of landmark cases have time. To date, there have efforts to promote peace and 23 indictments issued by international peace and
The 1949 Geneva Conventions stated that confirmed that sexual been 11 convictions for security. the Court, 12 contain sexual security.
‘women shall be especially protected against violence is a serious war sexual violence in this Court. violence charges.
any attack on their honour’, but rape was not crime. To date, there have Security Council
listed as a ‘grave breach’ of the Conventions. been 29 convictions for In Prosecutor v Brima et al., resolutions 1888, 1889
sexual violence in this Court. the Special Court for Sierra and 1960 provide
Leone found that forced concrete building blocks
marriage was an inhumane for the implementation of
act constituting a crime resolutions 1325 and 1820.
against humanity.
40
To date, 300 women have been provided with
Percent of responses
0
To help To provide To To help To bring To help To help Other
recover recognition alleviate mentally peace physically to forgive
losses of suffering poverty to forget
Source: Based on data from Vinck and Pham 2010a and 2010b.
Executive Summary | 7
Use quotas to In countries where women’s
Rwanda in parliament increases
representation
From Nepal to Costa Rica, Rwanda to Spain,
where quotas have been used to boost the
The Beijing Platform for Action called for
gender balance in governmental bodies, while
60
encourage girls to go to school, delay marriage
and continue their education for the critical
secondary years; putting women on the front line
40
of service delivery to make public services more
Urban rich accessible; and amplifying women’s voices in
20
Rural poor decision-making, from the household up to local
Country average and national levels, to ensure that policies reflect
the realities of women’s lives.
0
Jordan
Armenia
Dominican Republic
Colombia
Turkey
Namibia
Viet Nam
Benin
Indonesia
Morocco
Côte d’Ivoire
Philippines
Cameroon
Peru
Ghana
Burkina Faso
Mali
India
Mozambique
Senegal
United Republic of Tanzania
Uganda
Zambia
Pakistan
Nigeria
Guinea
Haiti
Nepal
Bangladesh
Niger
Chad
Cambodia
Egypt
Nicaragua
Zimbabwe
Malawi
Madagascar
Kenya
Bolivia (Plurinational State of)
Executive Summary | 9
UN Women is the United Nations organization dedicated
to gender equality and the empowerment of women. A
global champion for women and girls, UN Women was
established to accelerate progress on meeting their
rights worldwide.
http://progress.unwomen.org
www.facebook.com/unwomen Tel: 212-906-6400
www.twitter.com/un_women Fax: 212-906-6705
www.youtube.com/unwomen www.unifem.org
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