Final Report GENDER ANALYSIS Rev 16mar21 2764-4991-1810 v.1 - MP

GENDER ANALYSIS OF PGG
PROJECT “IMPLEMENTATION OF
JUDICIAL REFORMS IN ARMENIA”
By Narine Aleksanyan 2020
1
Table of Contents
1. EXECUTIVE SUMMARY........................................................................................................3
2. DOMESTIC LEGAL FRAMEWORK AND INTERNATIONAL COMMITMENTS ON

GENDER EQUALITY......................................................................................................................5
3. GENDER- BASED DISCRIMINATION IN ARMENIA.......................................................8
4. GENDER EQUALITY ASPECTS IN THE JUDICIARY....................................................12
5. TRAININGS FOR LEGAL PROFESSIONALS IN ARMENIA.........................................15
6. EXPERT EXAMINATION OF LEGISLATION FROM A GENDER PERSPECTIVE..20
7. RECOMMENDATIONS.........................................................................................................26
A. Recommendations in the field of “Support to the judicial reform – enhancing the

independence and professionalism of the judiciary in Armenia” (Component 1).................27
B. Recommendations in the field of “Supporting the criminal justice reform and

harmonising the application of European standards in Armenia” (Component 2)...............28
C. Recommendations concerning the capacity building of the Project staff....................29
D. Recommendations for future work of the Council of Europe in Armenia..................30
8. CONCLUSION.........................................................................................................................31
9. BIBLIOGRAPHY.....................................................................................................................33
10. APPENDIX (Review of log frame)..........................................................................................38
2
1. EXECUTIVE SUMMARY
This gender analysis has been developed for the PGG Project “Implementation of judicial
reforms in Armenia” during the period July – December 2020. The Projects consist of two
components: “Support to the judicial reform – enhancing the independence and professionalism of
the judiciary in Armenia” (Component 1) and “Supporting the criminal justice reform and
harmonising the application of European standards in Armenia” (Component 2).
The overall objective of Component 1 “Support to the judicial reform – enhancing the
independence and professionalism of the judiciary in Armenia” is to further promote judicial
independence, the effectiveness of legal proceedings and access to justice in Armenia by providing
legal drafting support to the post constitution justice reform processes in the field of justice,
judiciary and disciplinary frameworks, as well as by enhancing the application of mediation and
arbitration in accordance with the Council of Europe standards and recommendations.
“Supporting the criminal justice reform and harmonising the application of European
standards in Armenia” (Component 2) aims at supporting Armenia in the criminal justice reform
through legislative, methodological and capacity-building assistance. It provides expert advice in
the process of formulating and applying criminal and criminal procedure policy by key justice
sector stakeholders. This includes capacity building for the Academy of Justice to train judges and
judicial servants, as well as direct capacity building for criminal justice sector institutions.
This gender analysis aims to provide data on gender-based discrimination and gender
aspects in the judiciary in Armenia, detailed analysis on gender mainstreaming in drafting national
legislation and on trainings of legal professionals in Armenia, as well as to provide
recommendations to the Council of Europe allowing to ensure that the Project is gender
mainstreamed.
The gender analysis has been conducted based on a desk review of the relevant domestic
legal framework on gender equality and gender mainstreaming, reports and researches covering
gender equality issues prepared by different national and international institutions, as well as civil
society organisations, the international legal framework (relevant Council of Europe documents,
including the Gender Equality Strategy 2018-2023, the Gender Mainstreaming Toolkit for Co-
3
operation Projects, relevant Council of Europe recommendations and standards), relevant
quantitative and qualitative information.
This gender analysis is focused on two main topics: 1. a gender analysis of the legislation in
Armenia and 2. trainings of legal professionals. The gender analysis of the legislation concerns the
national legal framework and enforcement issues of an expert examination of the legislation from a
gender perspective and a gender impact assessment of draft laws. The topic of trainings of legal
professionals covers the trainings provided by the Armenian Academy of Justice for judges,
prosecutors and investigators.
The Expert examination of the legislation from a gender perspective is regulated by the Law
on Ensuring Equal Rights and Equal Opportunities for Women and Men (which was adopted in
2013), as well as by the Armenian Government Decision No. 18-N from 14 January 2010 and
Order No. 34-A/1 adopted by the Armenian Labour and Social Affairs Minister on 26 April 2011.
The study of the national legislation on the expert examination of the legislation from a gender
perspective in law making identifies a number of problems. Particularly, the absence of a strategy
on gender mainstreaming, the lack of legislative regulations, incomplete rules and the absence of
relevant by-laws, relevant methodologies, tools and guidelines, the absence of responsible
actors/agencies for conducting an expert examination of the legislation from a gender perspective
are the problems, which make the legal norms on gender mainstreaming declaratory.
The gender analysis of the trainings for legal professionals (judges, prosecutors and
investigators) reveal some problems connected with the integration of a gender sensitive
pedagogical methodology in the training courses. Only seven training courses comply with the
requirement of integration of a gender equality perspective in their content. Five out of those
courses have been developed under Component 2 of the Project “Implementation of judicial
reforms - Supporting the criminal justice reform and harmonising the application of European
standards in Armenia”. However, the developed training courses do not include a separate part on a
gender-sensitive pedagogical methodology for delivering the courses.
Based on these findings, concrete and realistic recommendations are provided for gender
mainstreaming in both components of the PGG Project “Implementation of judicial reforms in
Armenia”.
4
2. DOMESTIC LEGAL FRAMEWORK AND INTERNATIONAL
COMMITMENTS ON GENDER EQUALITY
Armenia’s Constitution and subsequent laws and international commitments have laid the
foundations for gender equality. The Constitution was adopted in 1995 and has been amended twice
(in 2005 and in 2015). The constitutional amendments of 2015 stipulate that women and men shall
enjoy legal equality1. Besides, the Constitution stipulates that one of the main objectives of state
policy is promoting actual equality between women and men 2. There is also a general constitutional
clause on the prohibition of discrimination3.
Armenia adopted the Law on Ensuring Equal Rights and Equal Opportunities for Women
and Men in 20134, which defines the guarantees of provision of equal rights and equal opportunities
for women and men in all spheres of political, social, economic, cultural and public life and
regulates the relationships arising therefrom. It defines prohibition of direct and indirect gender
discrimination in the spheres of public life and stipulates the forms of direct and indirect
discrimination. However, the implementation of the Law on Ensuring Equal Rights and Equal
Opportunities for Women and Men in the law-enforcement practice is not effective, because of the
absence of regulations on sanctions for violation of this Law, an insufficient regulatory basis on
effective remedies, the lack of by-law and the absence of relevant institutional structures. Due to
these insufficiencies, there is neither a state institution responsible for the implementation of the
Law, nor ways for remedies to be sought.
On 13 December 2017, the Armenian Law on Prevention of Violence within the Family,
Protection of Victims of Violence within the Family and Restoration of Peace in the Family was
adopted and came into force on 31 January 20185. Despite the adoption of this Law and
amendments made to relevant legal acts, including the Armenian Criminal Code and Armenian
Criminal Procedure Code, the domestic violence is not criminalised so far. It was not done when
the Armenian Law on Prevention of Violence within the Family, Protection of Victims of Violence
within the Family and Restoration of Peace in the Family was adopted, because the policy makers
1
Article 30
2
Ibid., Article 86
3
Ibid., Article 29
4
https://www.arlis.am/DocumentView.aspx?DocID=138982 (available only in Armenian)
5
See https://www.refworld.org/pdfid/5a6b2e274.pdf
5
and specialists have no unique approach on the necessity to criminalise domestic violence,
considering the cultural features and the understanding of the family in the society6.
Armenia has not yet adopted a stand-alone law on non-discrimination. In 2019 the draft of
the Law on Provision of Legal Equality was put up for public discussions. Definition and types of
discrimination, legal protection mechanisms against discrimination, as well as status, tasks and
activity of Legal Equality Council are covered by the draft Law. The draft Law is currently under
development.
On 19 September 2019, the Armenian Government adopted Decision No.1334-L “On
affirming the Gender Equality Strategy and Action Plan 2019–2023” 7, which articulates its
priorities and ways forward to mainstream gender across diverse sectors. The strategy stipulates 5
priorities: 1. improvement of national mechanism for advancement of women, equal participation
of women and men in governance and decision making; 2. overcoming gender discrimination in the
socio-economic sphere, expanding women’s economic opportunities; 3. expansion of full and
effective participation of women and men and equal opportunities in education and science; 4.
expansion of equal opportunities of women and men in the sphere of health care; 5. prevention of
gender discrimination. The Gender Equality Strategy and Action Plan 2019–2023 does not
prioritise gender equality in the judiciary.
Armenia acceded in 1993 to the UN International Covenant on Economic, Social and
Cultural Rights (ICESCR) and the UN International Covenant on Civil and Political Rights
(ICCPR) was adopted in 1966, requiring the state parties to ensure equal rights of women and men
to the enjoyment of all economic, social, cultural, civil and political rights (Article 3 of both
Covenants). Armenia has also ratified other equality conventions such as the UN Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) adopted in 1979 (ratified in
1993) and its Optional Protocol adopted in 2000 (ratified in 2006), the UN International
Convention on the Elimination of All Forms of Racial Discrimination adopted in 1965 (ratified in
1993), the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
6
Perceptions, attitudes and practices regarding domestic violence in Armenia, pages 66-67,
https://www.un.am/up/library/Perceptions-attitudes-and-practices-regarding-domestic-violence-in-
Armenia_Reserach_Arm.pdf
7
6
Punishment adopted in 1984 (ratified in 1993) and the UN Convention on the Rights of Persons
with Disabilities adopted in 2008 (ratified in 2010).
As a member of the Council of Europe since 2001, Armenia is a party to the Council of
Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms adopted in
1950 (ratified in 2002)8 and the revised European Social Charter of 1996 (ratified in 2004) 9.
Armenia committed to achieving the Council of Europe Gender Equality Strategy 2018–2023.
Under the Council of Europe Action Plan 2019-2022 for Armenia 10 (which is agreed after extensive
consultations with the Armenian Government) the Council of Europe and Armenia have agreed to
carry forward jointly, through co-operation programmes, reforms aiming to enhance the
independence, transparency and efficiency of the judiciary, to harmonise the implementation of the
European human rights standards, to enhance protection of human rights in the armed forces and
prisoners’ rights to health care, to combat ill-treatment and impunity in detention centres, to support
Police reform and the implementation of criminal justice reform, to reduce the misuse of pre-trial
detention and to enhance the use of the probation service. Emphasis will also be placed on
countering discrimination on all grounds, protecting the rights of minorities, protecting personal
data, and improving media freedom, the safety of journalists and internet governance. It has also
been agreed to enhance integrity in higher education and in electoral processes, to prevent and
combat corruption, cybercrime and violence against women and children, to promote gender
equality, children’s and patients’ rights, as well as economic, social and labour rights, and to
strengthen local governance and youth policy.
The Action Plan 2019-2022 includes several measures to improve the legal framework for
human rights and gender equality such as to bring the Armenian legal and policy framework on
preventing and combating domestic violence in line with the Council of Europe standards, to
provide better access to justice and support services for women victims of gender-based violence
and domestic violence, etc.
8
Article 14 of the ECHR provides that the enjoyment of rights and freedoms set forth in the Convention shall be
secured without discrimination on the basis of sex. Armenia has also ratified Protocol 12 to the ECHR, which extends
protection against discrimination to any right set forth in law.
9
The revised European Social Charter recognizes the right to equal opportunities and equal treatment in matters of
employment and occupation without discrimination on the grounds of sex (Article 20).
10
https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=090000168090762f
7
The Council of Europe Convention on Preventing and Combating Violence against Women
and Domestic Violence (Istanbul Convention) was adopted in May 2011 in Istanbul and entered
into force in August 2014. The convention aims to “protect women against all forms of violence,
and prevent, prosecute and eliminate violence against women and domestic violence” (Article 1(1)
(a)). Armenia has expressed its intention to finalise the ratification process in May 2019, but it is
still pending as the Ministry of Justice seeks to understand the legal and constitutional implications
of committing to this international agreement11.
3. GENDER- BASED DISCRIMINATION IN ARMENIA
The prohibition of gender-based discrimination in national legislation and the relevant

international commitments are necessary, but not enough for ensuring de facto equality in practice.
Although the Constitution and a number of legislative acts of Armenia stipulate legal norms
prohibiting discrimination, they often have episodic and a non-comprehensive nature12.
According to the Global Gender Gap Report 2018 13 Armenia is ranked as 115th country
based on the assessment of gender gaps existing in political empowerment. In Armenia, women are
significantly less engaged in governance and decision-making. In state and local self-government
bodies, managerial positions occupied by men are 2.8 times higher than by women 14. In particular,
32 members of a total of 132 members of Parliament are women (24.2 percent), which represents a
6 percent increase compared to the previous Parliament 15. Currently, there are no women Ministers
11
Council of Europe. 2019. Armenia: Opinion on the Constitutional Implications of the Ratification of the Council of
Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul
Convention). Venice. https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2019)018-e
12
Barriers, remedies and good practices for women’s access to justice in Armenia, Council of Europe, page 13,
https://rm.coe.int/armenia-barriers-remedies-and-good-pratices/168075fd50
13
The Global Gender Gap Report 2018, World Economic Forum, page 9-10, available at:
http://www3.weforum.org/docs/WEF_GGGR_2018.pdf
14
Women and men in Armenia, 2020, Statistical Committee of the Republic of Armenia, page 76
https://www.armstat.am/file/article/gender_2020.pdf
15
Ibid, page 92
8
in the Government16. 11 out of the 39 Deputy Ministers are women17. None of the two Deputy
Prime Ministers is a woman 18. One of the three Deputy Vice-Speakers of the Parliament is a
woman19. Only one woman in the Parliament serves as an elected head of permanent commissions
out of 12 in total.
At the local level, community consolidation reforms have also affected women’s
participation in local governance structures. Communities have few women elected as heads (8 out
of 501 heads of communities), and women are rarely selected as heads of provinces (marzes) or
deputy heads of provinces20.
Social norms play an essential role in limiting women’s political participation. Women are
not encouraged to become politicians. According to the World Values Survey in 2014, the majority
of Armenians (62%) strongly agreed, or agreed with the statement, that men make better political
leaders than women do21. A study on gender and politics from 2011 identified the key reasons for
women’s weak participation in politics: 1. an expectation that women must put family obligations
ahead of other considerations; 2. the lack of models of women politicians, undermining women’s
willingness to enter a male-dominated political arena; 3. public perceptions that men are more
suited to assuming political leadership, creating a higher bar for women to perform and prove their
abilities; and 4. negative attitude of close relatives toward women in politics22.
Socio-economic factors and women’s household responsibilities also play a significant role
in limiting women’s political participation. In Armenia, politics are often built around informal,
male-dominated communication networks to which women often have restricted access. Women
16
https://www.gov.am/en/structure/
17
According to information available at www.gov.am (as of 20.12.2020)
18
https://www.gov.am/en/structure/
19
http://www.parliament.am/Council.php?lang=eng
20
Women and men in Armenia, 2019, Statistical Committee of the Republic of Armenia, page 96
https://www.armstat.am/file/article/gender_2019.pdf
21
R. Inglehart, C. Haerpfer, A. Moreno, C. Welzel, K. Kizilova, J. Diez-Medrano, M. Lagos, P. Norris, E. Ponarin,
and B. Puranen et al., eds. 2014. World Values Survey: Round Six—Country-Pooled Datafile Version. Madrid:
JD Systems Institute. http://www.worldvaluessurvey.org/WVSDocumentationWV6.jsp.
22
Kovkas Social Studies Center. 2011. Gender Dimension of Civic and Political Participation in Armenia: Report on
Findings of the Sociological Study. Yerevan (UNFPA Combatting Gender Based Violence in the South Caucasus
Project/Armenia), https://www2.osce.org/files/f/documents/5/4/81699.pdf
9
also lack the necessary sponsorship and funds to build a political career. Even when elected, the
visibility of women politicians is very limited in the public domain23.
Women face sexism in their everyday life and women in politics are no exception.
Discriminatory attitude towards women politicians prevents them from working in the political
field24.
According to the USAID/Armenia Gender Analysis Report 2019, another recent
phenomenon that is disproportionately affecting women in politics, as well as women's rights and
human rights activists in Armenia is cyber bullying and online sexism. These types of online
attacks on high-profile women in Armenia, as in many other countries, undermine their rights to
express themselves and to serve their constituents, and limit their rights to free movement and
assembly25.
Finally, the lack of gender expertise in the government, gender-balanced representation, and
capacity to carry out gender-responsive budgeting impedes the implementation and enforcement of
existing national policy plans that address the integration of gender into new policies and existing
political processes26.
According to the Analysis of the Gender Pay Gap and Gender Inequality in the Labour
Market in Armenia27, the raw (unadjusted) gender pay gap28 in Armenia is estimated at 23.1
percent. The raw gap calculated on monthly wages is 40 per cent, however, it captures the gender
pay gap and the gender gap in hours worked. Specifically, Armenian women were found to work
less in hours than men by about 14.3 percent․ Women work fewer hours than men and such
differences are spread among ages, occupations and economic statuses. Results find evidence for
23
USAID/Armenia Gender Analysis Report 2019, page 11
https://usaidlearninglab.org/sites/default/files/resource/files/usaid_armeniagender_analysis_report_for_public.pdf
24
See Sexism in public domain and speech, 2020
https://oxygen.org.am/wp-content/uploads/2020/12/%D5%81%D5%A5%D5%BC
%D5%B6%D5%A1%D6%80%D5%AF.pdf?
fbclid=IwAR0E5Mdt47xRVCr9lNdemkhIggcHENxbjJN0DDuWj6SKEdn7yP5EAuINgZE
25
Ibid.
26
Ibid.
27
Analysis of Gender Pay Gap and Gender Inequalities in the Labour Market in Armenia, UN Women, Armstat, 2020,
page 44, https://armstat.am/file/article/analysis_of_the_gender_pay_gap_armenia_en.pdf
28
The gender pay gap – estimated as a pure difference between men’s and women’s wages – is known as the unadjusted
or raw gender pay gap. It is “raw” since it does not take into account the characteristics of the individuals used in the
comparison, most notably education. Hence, the gender pay gap may exist simply because individuals have different
personal endowments (e.g. education, experience, age, etc.) but also due to discrimination (e.g. because employers
think women are less productive than men).
10
horizontal gender segregation (which means differences in the number of people of each gender
present across occupations), as at least three quarters of women and men employees would need to
trade places across the job categories for their distribution to become identical. The glass ceiling
effect for top managerial positions is well corroborated. However, the inequalities are more
important given the family structure. Mothers in couples are most prone to low employment
incidents and large gender employment gaps, especially at a young (childbearing) age. Vertical
segregation29 is quite forceful as well30.
Patriarchal and traditional rigid social norms and perceptions regarding masculinity,
femininity, gender equality, sexuality, the division of household tasks, and gender-based violence
(intimate partner violence and peer violence), remain prevalent in Armenian society 31. In a 2016
survey, men – in particular married men – demonstrated the most gender unequal attitudes. In this
survey, women were more likely to adhere to statements in favor of gender equality (especially
young women). Married men were statistically more likely to agree with statements that support
gender unequal norms than married women (with 48 percent of married men versus 32 percent
married women supporting gender unequal views)32.
There are high levels of acceptance of intimate partner violence among both sexes. A 2016
study found that 66 percent of men and 63 percent of women reported that “if a woman betrays her
husband, he can hit her.” The actual prevalence of violence is lower than the prevalence of
acceptance of such violence: 50 percent of men practiced emotional violence in the last 12 months;
35 percent practiced physical violence; and 53 percent practiced economic violence33. In addition,
one in four women reported that her partner tried to offend her or intentionally hurt her feelings one
or more times over the same period. One in six women reported that her partner had forbidden her
29
The situation where people do not get jobs above a particular rank in organizations because of their race, age or sex
30
Ibid.
31
UNFPA. Men and Gender Equality in Armenia, 2016, https://armenia.unfpa.org/sites/default/files/pub-pdf/MEN
%20AND%20GENDER%20EQUALITY_Final_0.pdf ; Guntzberger, M., Kostelny, K, and K. Ondoro. Caring for
Equality Baseline Report, World Vision Armenia, March 2017, https://www.wvi.org/sites/default/files/Caring%20for
%20Equality%20project%20baseline%20evaluation%20report%20final.pdf.
32
Ibid.
33
Guntzberger, M., Kostelny, K, and K. Ondoro. Caring for Equality Baseline Report, World Vision Armenia, March
2017, https://www.wvi.org/sites/default/files/Caring%20for%20Equality%20project%20baseline%20evaluation
%20report%20final.pdf
11
to work outside the home34. These biases and practices tend to be ubiquitous in rural areas and
remain pervasive in urban centers35.
4. GENDER EQUALITY ASPECTS IN THE JUDICIARY
The Armenian judicial system currently comprises four tiers: 1. first instance courts, 2.
Courts of appeal, 3. Court of Cassation and 4. Constitutional Court. The first tier is represented by
two types of courts: courts of general jurisdiction and the specialised courts: Administrative Court
and Court of Bankruptcy. The Court of Bankruptcy has jurisdiction over all the cases provided for
by the law regulating bankruptcy matters. The Administrative Court has jurisdiction primarily over
cases involving public authorities, including tax and customs services, whether they act as
respondents or plaintiffs. Cases not subject to the special administrative jurisdiction, including civil
and criminal cases, are tried by the courts of general jurisdiction, irrespective of the amount
involved.
The second tier consists of three intermediate-level appellate courts: The Civil Court of
Appeals, the Criminal Court of Appeals and the Administrative Court of Appeals. The Criminal
Court of Appeals adjudicates appeals against decisions of the courts of general jurisdiction in
criminal cases. The Civil Court of Appeal adjudicates appeals against decisions of the court of
general jurisdiction in civil cases and decisions of the Court of Bankruptcy. The Administrative
Court of Appeals hears appeals brought against decisions of the Administrative Court.
The Court of Cassation is the main court of last resort, which hears appeals for cassation
against decisions of all three courts of appeal. The Court of Cassation shall
ensure the uniform application of laws or other regulatory legal acts and eliminate the fundamental
violations of human rights and freedoms.
The Constitutional Court is specifically charged with constitutional review and can declare
immediately ineffective normative legal acts if they are not compatible with the Constitution.
Equal representation of both sexes in the judiciary, including administrative functions, is
very crucial for gender-responsiveness of the courts. Women judges bring forward women’s
34
Ibid.
35
USAID, Armenia Gender Analysis Report, August 2019, page 19,
https://www.researchgate.net/publication/335858505_USAID-Armenia-Gender-Analysis-Report
12
experiences and spearhead initiatives on gender in the judiciary 36. The judiciary’s decisions
influence the public and legal discourses, thus impacting on society at all levels. Therefore, it is
crucial that women are equally represented there37.
Armenia continues to present a high percentage of men in judicial office. According to the
European Commission for the Efficiency of Justice (CEPEJ) the women representation in the courts
is low38 in Armenia, 25% based on data from 2016. Since 2016 some changes have been made.
According to statistics provided by the Supreme Judicial Council in 2020 in the courts of general
jurisdiction and specialised courts, women represent only 26.6% (65 women from 244 judges) 39.
Currently, 29.9% of first instance general jurisdiction courts judges were women (44 female judges
out of the total 147 judges), meanwhile in the Appeal Court (Administrative, Criminal and Civil)
women judges represent 25% (11 women judges out of the total 44 judges) and in the Cassation
Court - 23 percent (4 women out from the total 17 judges)40.
There is only one woman judge (1 from 9) in the Constitutional Court. The President of the
Constitutional Court is a man.
There is a legislatively prescribed quota for ensuring women’s representation in the
judiciary. According to Article 109, Part 5 of RA Judicial Code “5, where the number of judges of
either sex is less than twenty-five percent of the total number of judges, up to fifty percent of the
places in the list of contenders for judge candidates shall be reserved to the persons of the sex
concerned who have received the maximum number of “for” votes, but not less than at least more
than half of those of all the members of the Supreme Judicial Council.” 41 There is no quota for the
judges of the Armenian Constitutional Court.
36
Barriers, remedies and good practices for women’s access to justice in Armenia, Council of Europe, page 24,
https://rm.coe.int/armenia-barriers-remedies-and-good-pratices/168075fd50
37
“Women in power and decision-making in the Eastern Partnership countries”, page 29
https://www.iknowpolitics.org/sites/default/files/gender_equality_and_decision_making_in_eap_countries_2015_-
_report_and_annex_one_file.pdf
38
European Commission for the Efficiency of Justice (CEPEJ), “European judicial systems։ Efficiency and quality
of justice”, CEPEJ STUDIES No. 26, https://rm.coe.int/rapport-avec-couv-18-
09-2018-en/16808def9c
39
Official statistics provided by Supreme Judicial Council to the Project team
40
European Commission for the Efficiency of Justice (CEPEJ), “European judicial systems։ Efficiency and quality
of justice”, CEPEJ STUDIES No. 26, page 114, https://rm.coe.int/rapport-avec-couv-18-
09-2018-en/16808def9c
41
13
There are no legislative quotas of women’s representation for offices of chairpersons of the
Courts either. The courts are headed only by judges who are men. The total number of judges
holding senior positions in the judiciary (chairpersons of the courts and of the chambers) is 18.
Since 2018 two Chambers of the Armenian Cassation Court are headed by women judges.
The lower representation of women compared to men in key positions in the court system is
a factor limiting women’s access to justice. Women entering court must navigate a majority male
system. Also, women’s perspectives are missing from judicial deliberation and decision-making
that forms the basis of how the legal framework is applied42.
The total number of judges and non-judges (members and chairpersons respectively) of the
Commissions established by the General Assembly of the Judges is 20, and there are only five
women judges and four non-judges. The total number of judge assistants is 257, out of which 170
are women. According to the register of the licensed Mediators there are 55 licensed Mediators in
Armenia (22 of them are women, and 33 of them are men)43.
In 2018 the Unit of Female Judges is formed with the support of the European
Union/Council of Europe Partnership for Good Governance Project “Support to the Judicial reform-
enhancing the independence and professionalism of the Judiciary in Armenia”. The aim of the Unit
of Female Judges is to promote enhancement of the role of female judges in the judiciary of
Armenia. Women judges have participated in the conferences of the International Association of
Women Judges and in the trainings aimed at the advancement of female judges.
Currently one out of ten members of the Supreme Judicial Council 44 is a woman. The
Chairperson of the Supreme Judicial Council is a man 45. There is a legislative quota for women’s
representation in the Supreme Judicial Council. In particular, according to the Judicial Code
(Article 76, Part 3, 11, 12) for the purpose of gender representation of judge members within the
Supreme Judicial Council, the number of representatives of the same gender must be as restricted as
possible to maximum three members, except for the following cases:
42
Armenia Country Gender Assessment, 2019, Asian Development Bank, page 19,
https://www.adb.org/documents/armenia-country-gender-assessment-2019
43
https://www.moj.am/page/582 (available only in Armenian)
44
Supreme Judicial Council is an independent state body, that guarantees the independence of courts and judges. It
is composed of ten members,
45
Official website of Supreme Judicial Council, http://court.am/hy/members#
14
1. Where, after considering the replacement of all the candidates having received the
maximum number of votes through the process prescribed by the Judicial Code, the requirements
prescribed by law are violated anyway, the process shall be repeated, restricting gender
representation to four members.
2. Where, as a result of the process provided for by law, the vacant positions are failed
to be filled, the process prescribed by law shall be repeated once again, without considering the
requirement prescribed by part 3 of Article 76. Where, in case of repetition, the vacant positions are
failed to be filled again, a new election shall be held.
The above-mentioned regulation provides legislative guarantee for gender balance in the
Supreme Judicial Council. It ensures the implementation of the legislatively stipulated quota for
women’s representation in the independent body ensuring the independence of the courts and the
judges.
5. TRAININGS FOR LEGAL PROFESSIONALS IN ARMENIA
The trainings of legal professionals (judges, prosecutors, investigators) are provided by the
Academy of Justice․ The main goals of the Academy are: to foster obtaining the necessary skills
and widening the professional knowledge of the persons included in the candidate list of judges and
prosecutors; continual improving of the competence and the professional knowledge of acting
judges, prosecutors, judicial officers, civil servants of the Staff of the Prosecutor’s Office and
judicial managers; gradual unification of the educational programmes; as well as the
implementation of joint educational programmes.
The Academy of Justice organises and conducts the initial training for persons included in
the correspondent lists of applicants for judge candidates, candidates of prosecutors, candidates of
investigators of the Investigative Committee of Armenia in the result of the qualification testing, as
well as continuous training of judges, prosecutors, investigators of Investigative Committee of the
15
Armenia and Special Investigative Service of Armenia. The continuous trainings of the advocates
are organised by the Armenian Chamber of Advocates.
The programme of trainings for judges comprises two parts: 1. general professional
trainings and 2. narrow field professional trainings. The total number of training courses for judges
provided by the Academy of Justice is 50, including eight general professional trainings and 42
narrow field professional trainings. General professional trainings concern legal writing and
interpretation, ethics, fight against corruption in public service, international human rights law,
equality and prohibition of discrimination, domestic violence etc. Narrow field professional
trainings for judges include four fields of trainings: 1. Criminal law and procedure (17 training
courses), 2. Civil law and procedure (11 training courses), 3. Administrative law and procedure
(eight training courses) and 4. Bankruptcy law and proceedings (six training courses)46. These are
based on the modules consisting of general professional training courses, narrow field professional
trainings and distance learning courses. The trainings for each judge should include 40 academic
hours for narrow-field training courses and 40 academic hours for general professional trainings or
distance learning courses. The judges may select a set of courses (packages) according to the
options provided by the Academy of Justice.
The programme of trainings for prosecutors comprises two parts: 1. general professional
trainings and 2. narrow field professional trainings. The total number of training courses for
prosecutors provided by the Academy of Justice is 30, including nine general professional trainings
and 21 narrow field professional trainings. The trainings for each prosecutor should include 40
academic hours for narrow-field training courses and 40 academic hours for general professional
trainings or distance learning courses. General professional trainings concern legal writing and
interpretation, ethics, fight against corruption in public service, international human rights law,
equality and prohibition of discrimination, domestic violence, etc. The prosecutors may select a set
of courses (packages) according to the options provided by the Academy of Justice.
The programme of trainings for investigators provides training courses for investigators in
managerial positions (six training courses) and other investigators (23 training courses). The
trainings for investigators in managerial positions should include 24 academic hours and for other
46
http://www.justiceacademy.am/assets/attachments/voroshum_datakan_havelvats1copy.pdf
16
investigators 30 academic hours. The investigators may select a set of courses (packages) according
to the options provided by the Academy of Justice.
Distance learning is a specific process with specially adapted content, and regular face to
face courses are not automatically included in distance learning47. For judges there are five training
courses available in distance learning mode, for prosecutors this number is four.
Considering the scope of Component 2 of the PGG Project “Implementation of judicial
standards in Armenia”, this gender analysis covers the topic of trainings for legal professionals. The
analysis has the objective to assess the gender mainstreaming in the training courses, particularly
the involvement of main concepts of gender equality (gender bias, gender stereotypes, gender-
sensitive language, etc.) therein, the integration of a gender-sensitive pedagogical approach in the
training processes, as well as Trainings of Trainers on gender-sensitive pedagogical methodologies.
According to Appendix 2 of the Strategy of Legal and Judicial reforms in Armenia in 2019-
2023 adopted by the Decision N 1441-L of the Armenian Government 48, it is planned to train
judges on European and best practices. However, gender equality is not specifically mentioned
among the areas of the trainings.
According to the information provided by the Unit of the Organisation of Scientific
Research and Programmatic-Methodological Activities of the Academy of Justice, the programmes
of trainings for legal professionals (judges, prosecutors and investigators) include:
1. courses that are mainly devoted to the issues of gender equality;
2. courses that have a module, a chapter or a component concerning gender equality
issues, or gender is mainstreamed in their curricula.
In particular, “Contemporary issues of prohibition of discrimination and provision of
equality”, “Combating and prevention of violence against women and domestic violence in
Armenia”, “Investigation of gender-based crimes” and “Violence against child and specificity of its
investigation/consideration” are the courses mainly devoted to gender equality issues.
47
That is why the PGG Project “Supporting the criminal justice reform and harmonizing the application of European
standards in Armenia” successfully promote HELP distance learning among the Armenian legal professionals (only
three HELP courses were translated, adapted and piloted in 2020).
48
17
“Techniques for drafting judgments and decisions”, “Peculiarities of the victim's status in the
criminal proceedings”, “Interviewing techniques and communication management”, “Current issues
of the cross-examination (confrontation)” and “Practical skills for applying alternative preventive
measures to detention” are the courses that consider gender equality perspective. All mentioned
courses are included in the programmes of full-time education. Due to the Covid-19 pandemic and
the martial law instated in the country on 27 September 2020, the five prepared courses were taught
via zoom sessions and 96 criminal law judges already passed these trainings in October- November
202049.
The length of the courses that have a gender perspective is different for judges, prosecutors
and investigators. The duration of the courses is shown in the chart below:
NN Course title Judges Prosecutors Investigators

1. “Contemporary issues of prohibition of 10 academic 8 academic -
discrimination and provision of hours hours
equality”
2. “Combating and prevention of 8 academic 10 academic 6 academic
violence against women and domestic hours hours hours
violence in Armenia”
3. “Investigation of gender-based crimes” 6 academic 6 academic 4 academic
hours hours hours
4. “Violence against children and 8 academic 10 academic 4 academic
specificities of its hours hours hours
investigation/consideration”
5. “Techniques for drafting judgments 8 academic 6 academic -
and decisions” hours hours
6. “Peculiarities of the victim's status in 8 academic 8 academic 4 academic
49
Information is provided by the Project team
18
the criminal proceedings” hours hours hours
7. “Interviewing techniques and 8 academic 8 academic 8 academic
communication management” hours hours hours
Thus, comparing the total number of courses indicated above, very few training courses may
be assessed as gender mainstreamed from the content perspective, and those courses are mainly the
ones that have been developed under Component 2 of the Project “Implementation of judicial
standards in Armenia” (see the list of courses hereafter).
According to the information provided by the Academy of Justice, the gender-sensitive
pedagogical methodology is not included in the curricula of the courses, and the trainers are not
trained on the gender-sensitive pedagogical methodology. There is no practice of periodic review of
teaching materials to ensure the absence of gender-stereotypes.
Under Component 2 of the Project “Implementation of judicial reforms - Supporting the
criminal justice reform and harmonising the application of European standards in Armenia” the
following training courses have been developed by experts:
1) Techniques for drafting judgments and decisions;
2) Peculiarities of the victim's status in criminal proceedings;
3) Interviewing techniques and communication management;
4) Current issues of cross-examination (confrontation);
5) Practical skills for applying alternative preventive measures to detention.
The Terms of Reference for the experts that developed the training courses include the
requirement to cover relevant gender aspects. All developed courses include a gender equality
perspective in their contents. The gender-sensitive training courses for legal professionals are very
few in Armenia, and the approach of the Project developed under PGG to ensure gender
mainstreaming in the development of training courses for legal professionals is welcome.
Gender mainstreaming in training courses should also be assessed based on the integration
of a gender-sensitive pedagogical methodology in the curricula. Gender-sensitive pedagogy is
identified as involving participatory learning, validating personal experience, encouraging social
19
action and accountability, developing critical thinking and reflection, understanding and
considering the role of social institutions. Pedagogical concerns related to gender equality need to
address gender biases both in the knowledge and attitudes of educators, and in their teaching
practice50.
Gender-sensitive pedagogical methodology issues are not included in the requirements
developed for the training courses, while it is important to ensure a gender-sensitive pedagogical
methodology when delivering the training courses. It is therefore necessary to indicate this
requirement in the Terms of Reference of the experts.
In addition, it is necessary to expand the gender-sensitive pedagogical methodology in the
HELP Guidebook on Human rights training methodology for legal professionals 51. Considering that
Trainings of Trainers on the training methodology are provided based on the mentioned Guidebook,
the suggested improvement will ensure relevant knowledge and skills of trainers on gender
sensitive pedagogical methodology.
6. EXPERT EXAMINATION OF LEGISLATION FROM A GENDER

PERSPECTIVE
The next main topic that has been covered by this gender analysis is the expert examination
of legislation from a gender perspective. Expert examination from a gender perspective in law
making has been analysed in the context of gender mainstreaming. It is based on the scope of
Component 1 of the PGG Project “Support to the judicial reform - enhancing the independence and
the professionalism of the judiciary in Armenia”, where the development of legislative acts and
other legal acts has a significant coverage by the Annual Plans of Action.
The Council of Europe Gender Equality Strategy 2018-2023 outlines the goals and priorities
of the Council of Europe on gender equality. Linked with the achievements of the first Strategy
2014-2017, the new strategy has set six strategic objectives, one of which is “achieving gender
50
https://trainingcentre.unwomen.org/RESOURCES_LIBRARY/Resources_Centre/00%20Introduction%20Working
%20Papers.pdf
51
https://rm.coe.int/help-guidebook-on-human-rights-taining-methodology-for-legal-professio/1680734cac
20
mainstreaming in all policies and measures”52. The Council of Europe Committee of Ministers has
adopted a number of recommendations on gender mainstreaming in different fields, including
education, the media, health, sport and the audiovisual sector53. Gender mainstreaming is also
present in the 2030 Agenda for Sustainable Development, where gender equality as a cross-cutting
issue is central to the achievement of all 17 Sustainable Development Goals (SDGs)54.
The Council of Europe defines gender mainstreaming as “the (re)organisation,
improvement, development and evaluation of policy processes, so that a gender equality
perspective is incorporated in all policies at all levels and all stages, by the actors usually involved
in policymaking55. The Recommendation R(98)14 of the Committee of Ministers to member States
on Gender Mainstreaming states that “one of the main strategies to achieve effective equality
between women and men is gender mainstreaming”56.
According to the Council of Europe, European standards for mainstreaming a gender equality
perspective in policies and programmes57 mean:
- Involving all actors associated with policy making in the process of integration of gender
equality concerns into the planning, budgeting, implementation, monitoring and evaluation of all
policies, programmes and activities;
- Integrating gender expertise into policy processes by making it a requirement for policy
makers;
- Using and promoting gender-disaggregated data and statistics;
52
https://rm.coe.int/strategy-en-2018-2023/16807b58eb
53
Recommendation No. R(98)14 on gender mainstreaming; Recommendation CM/Rec(2007)13 on gender
mainstreaming in education; Recommendation CM/Rec(2008)1 on the inclusion of gender differences in health policy;
Recommendation CM/Rec(2013)1 on gender equality and media; Recommendation CM/Rec(2015)2 on gender
mainstreaming in sport; and Recommendation CM/Rec(2017)9 on gender equality in the audiovisual sector
54
https://sustainabledevelopment.un.org/post2015/transformingourworld
55
https://www.coe.int/en/web/genderequality/what-is-gender-mainstreaming
56
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016804ec94a
57
Gender mainstreaming: Conceptual framework, methodology and presentation of good practices, Final report of
activities of the Group of Specialists on Mainstreaming, https://rm.coe.int/1680596135,
Recommendation CM/Rec(2007)13 of the Committee of Ministers on gender mainstreaming in education,
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805d5287, Recommendation REC(2008)1
on the inclusion of gender differences in health policy https://search.coe.int/cm/Pages/result_details.aspx?
ObjectID=09000016805d4212 , Recommendation REC(2013)1 on Gender equality and media
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c7c7e , Recommendation REC(2015)2 on
gender mainstreaming in sport https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c4721
21
- Making sure that a gender equality perspective is envisaged in all policy areas and at all policy
levels, taking into account that policy areas, which at first sight do not seem relevant, may contain
(hidden) aspects of gender inequality;
- Ensuring the equal presence and contribution of women and men in all programmes and
activities;
- Allocating necessary funds and human resources to the process.
As it may be seen, implementation of gender mainstreaming by the state requires a
comprehensive and systemised approach. The Recommendation Rec(2007)17 of the Committee of
Ministers on gender equality standards and mechanisms 58 prescribes strategies, tools and
mechanisms to achieve gender equality. Among those, the gender mainstreaming is mentioned,
which should be applied to all policy areas and processes and should involve a variety of actors
responsible for policies in all sectors and levels of governance.
This report only concerns some methodology for the implementation of gender mainstreaming.
In particular, it will focus on gender analysis/gender impact assessment of the legislation/draft
laws, considering that many legal acts have been elaborated under the PGG Project.
In Armenia gender mainstreaming is involved in the gender equality law legislation. According
to Article 3 of the Armenian Law on Ensuring Equal Rights and Equal Opportunities for Women
and Men59 “gender mainstreaming” is defined as a strategy, that makes women’s and men’s
interests and experiences an integral component of the process of formulation, implementation,
monitoring and assessment of legal acts, policies, projects and measures in political, economic,
social, cultural or any other field of public life and that aims to eliminate inequality between women
and men. The definition of “gender mainstreaming” may furtherly be found only in Article 8 of the
Law, according to which the introduction of gender mainstreaming in state, regional and
community projects and actions and development strategies is one of the main directions of state
policy on provision of gender equality.
The “2019-2023 Strategy for the Implementation of the Gender Policy in the Republic of
Armenia60” emphasises the necessity to mainstream the gender perspective in the programmes of
58
https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016805d4aa3, Points 68-72
59
60
22
socio-economic developments, and stipulates the actions to develop relevant guidelines and to train
the relevant staff from state agencies.
Thus, the analysis of the above-mentioned documents shows that there is a satisfactory legal
basis to develop a strategy for gender mainstreaming in Armenia and to provide institutional,
legislative and methodological guarantees to implement it. However, there is a lack of detailed legal
regulations, and in fact, the implementation of gender mainstreaming remains on the paper. The
state does not make enough efforts to provide relevant regulations on implementation mechanisms
of gender mainstreaming.
Referring to the mechanisms of gender analysis/gender impact assessment of the
legislation/draft laws, there is also a lack of legal regulatory basis. In particular, according to
Article 18 of the Armenian Law on Ensuring Equal Rights and Equal Opportunities for Women and
Men, the expert examination of normative acts from a gender perspective is implemented for the
impact assessment of the regulation of normative legal act drafts, exclusion and elimination of
violations of gender equality in regulatory legal acts and their drafts, ensuring compliance of legal
acts of Armenia with Armenian international treaties and principles and norms of international law,
maintenance of the principle of provision of equal rights and equal opportunities for women and
men in political, social, economic, cultural and other spheres of public life, protection of women
and men from sex-based discrimination.
The Law defines two types of implementation of expert examination of legislation from a
gender perspective:
1. Impact assessment of the draft of normative legal act, and
2. expert examination of the normative legal act.
A gender impact assessment is the process of comparing and assessing, according to gender
relevant criteria, the current situation and trends with the expected development resulting from the
introduction of the proposed policy. A gender impact assessment is the estimation of the different
effects (positive, negative or neutral) of any policy or activity implemented to specific items in
terms of gender equality61.
According to Armenian legislation the expertise of the normative legal acts is conducted for
the purpose of determining the compliance of the draft regulatory legal act with the Constitution
61
https://eige.europa.eu/gender-mainstreaming/methods-tools/gender-impact
23
and the Armenian Law on Regulatory Legal Acts62. A draft regulatory legal act is subject to
expertise (expert examination) in the Ministry of Justice.
Article 18 of the Law on Ensuring Equal Rights and Equal Opportunities for Women and
Men makes a reference to the Armenian Law on Regulatory Legal Acts, which means that the
impact assessment of the draft of a normative legal act and the expert examination of a normative
act from a gender perspective should be implemented according to the regulations of that law.
However, the legal relationships connected with the implementation of expert examination
of the legal normative act from a gender perspective are neither regulated by the Armenian Law on
Regulatory Legal Acts nor by any other Law. Thus, as a result of the legislative gap, no authority is
responsible for the implementation of the expert examination from a gender perspective.
Consequently, the legislative requirement on expert examination of legal normative acts from a
gender perspective may be assessed as declaratory and may not be implemented in practice.
As for the impact assessment of the draft of a normative legal act, the Armenian
Government Decision No. 18-N from 14 January 2010 regulates conducting impact assessment on
drafts of normative legal acts in the sphere of social protection. This decision (Point 4) entitles the
Armenian Ministry of Labour and Social Affairs to define indicators and characteristics for specific
fields of social protection in order to ensure the regulatory framework for the process of impact
assessment of the drafts of normative legal acts on social protection. For the implementation of
Point 4 of the mentioned Government Decision, the Armenian Labour and Social Affairs Minister
adopted on 26 April 2011 the Order No. 34-A/1. Point 3.1.2 of Appendix 1 of that Order defines,
inter alia, “gender equality” as an impact characteristic on beneficiaries. However, there are no
regulations on gender equality for the impact assessment of normative legal act drafts in other
spheres. Likewise, there are no methodological guidelines and developed tools to assess the gender
impact of the draft laws.
In essence, the regulations concerning the implementation of expert examination from a
gender perspective are imperfect and incomplete, and there are many legislative gaps. Thus, the
legal regulations do not provide enough legal basis for full and effective implementation of an
expert examination of the legislation from a gender perspective. There are no legislative and
62
Article 6, http://www.translation-centre.am/pdf/Trans_ru/HH_Orenq/2018_HO-180-N_en.pdf
24
institutional guarantees to ensure the implementation of an expert examination of legislative drafts
from a gender perspective.
Summing up, it may be stated that the mechanisms of an expert examination from a gender
perspective and a gender impact assessment of the legislation have not been put into practice in all
areas of governance because of non-systemised approach, incomplete regulations of laws and by-
laws and lack of institutional mechanisms at different levels. The methodology, instruments and
tools for a gender analysis and gender impact assessment are not developed. After the
institutionalisation of a gender analysis and gender impact assessment, the trainings of the staff of
relevant agencies on gender equality and on using the tools, instruments and methods will be in a
‘must do’ list for ensuring the effective implementation of an expert examination of the legislation
from a gender perspective and a gender impact assessment of the draft laws. The mentioned
legislative amendments must be based on the gender mainstreaming strategy which should be
adopted and enforced by the state.
Under Component 1 of the PGG Project “Support to the judicial reform - enhancing the
independence and the professionalism of the judiciary in Armenia” a number of legislative acts and
internal judiciary rules have been developed or drafted. In particular,
 The Project contributed to an improved system of accountability of the judiciary and
building of public confidence in the system by an improved ethical and disciplinary
framework and practice, by supporting with the amendment to the Rules of
procedure of the General Assembly of Judges;
 The Project experts supported to drafting the requirements for non-governmental
organisations nominating candidates for non-judge members of the Ethics and
Disciplinary Commission of the General Assembly of Judges;
 The Project experts supported to drafting the Methodology for performance
evaluation of judges and the procedure;
 The Project experts supported the Supreme Judicial Council to draft the internal
working disciplinary rules of judges which are in the process of finalisation by the
Supreme Judicial Council;
25
 The Project experts supported to drafting a legal act on the distribution of cases on
operative-investigation measures which are in the process of finalisation by the
Ministry of Justice and the Supreme Judicial Council;
 At the same time, the Armenian Draft Law ''On Amendments and Addenda to the
Armenian Law on Compulsory Enforcement of Judicial Acts'' was reviewed and
shared with the Ministry of Justice. It has already been submitted for public
discussion.
According to the Action Plan of the Project, more support in drafting laws and legal acts
should be provided to the Armenian authorities during the upcoming year. Considering the fact that
a gender impact assessment of the draft laws is not effectively implemented in Armenia, it is
recommended to have a component on gender impact assessment of the developed drafts by a local
or international legal consultant with a special knowledge on gender equality and skills for a gender
impact assessment. The assessment of developed legal acts in a gender perspective has the aim to
analyse the consequences it will have on equality between women and men.
According to the information provided by the Project team, the Terms of References for the
experts do not include a special requirement on the knowledge of the national legal framework,
international standards and international commitments on gender equality. It is advisable to include
such requirement to ensure the integration of the gender equality perspective in all legal acts to be
developed. The local context makes this requirement more important, as there is no practice and
legal culture of gender mainstreaming. This requirement will ensure that experts are aware of
concepts of gender equality and the drafted legal act will consider different situations and needs of
women and men. This practice will exclude gender-blind regulations from the texts of developed
legal acts.
7. RECOMMENDATIONS
The PGG Project “Implementation of Judicial Reforms in Armenia” already envisages

gender equality enhancement activities and indicators to ensure gender balance in the actions. In the
26
Annual Plan of Action 2019-2021 of Component 1 of the PGG Project “Support to the judicial
reform – enhancing the independence and professionalism of the judiciary in Armenia” the gender
equality perspective is integrated. In particular, it is stated that the Project continues the same
approach adopted within the framework of the previous Project 63, which ensured balanced gender
representation in the Project activities, as well as events organised and working groups established
by the Project. Gender mainstreaming is institutionalised through concrete steps, mechanisms, and
processes in all parts of the Project activities. The Project ensured that gender balance was followed
when working groups for developing legal acts and policies were established; a gender assessment
of the draft legislation (wherever relevant) was developed within its the framework; dedicated
activities within the first four months of the Project were organised; national short-term consultants
were selected for implementing certain assignments within the framework of the Project.
In the Annual Plan of Action 2019-2021 of Component 2 of the PGG Project “Supporting the
criminal justice reform and harmonising the application of European standards in Armenia” the
gender equality perspective is included in outcome 3, which refers to strengthening the capacity of
the Justice Academy to train judges and judicial assistants on criminal justice, taking into account
the needs of vulnerable groups and relevant gender aspects. The gender equality perspective is also
integrated in Output 3.1.1, which states that gender-sensitiveness of criminal justice related courses
is included in the initial and mandatory continuous training programme of the Justice Academy for
judges and judge assistants.
This gender analysis identifies further possibilities to strengthen gender mainstreaming in the
Project. The aim of the analysis was to provide recommendations for both Components of the PGG
Project, and recommendations for future work of the Council of Europe in Armenia.
A. Recommendations in the field of “Support to the judicial reform – enhancing the

independence and professionalism of the judiciary in Armenia” (Component 1)
1. In order to ensure the integration of a gender perspective in all legal acts to be developed
under the Project it is recommended to include a special requirement in the Terms of
63
Support to the implementation of the judicial reform in Armenia
27
Reference for Experts on having knowledge of the national legal framework and
international standards on gender equality. The goal of this recommendation is to ensure
that Experts have the necessary knowledge and skills to develop gender-sensitive legal acts.
For the implementation of this recommendation there is a need to integrate the notion of
“gender sensitive” in the log frame wherever it concerns the development of legal acts. The
implementation of this recommendation will ensure the gender sensitiveness of developed
legal acts.
2. It is recommended to include a special requirement for the experts to ensure that the gender
perspective is integrated in the drafting of legal acts. The goal of this recommendation is to
provide gender mainstreaming in the developed acts. For the implementation of this
recommendation there is a need to integrate the wording “gender sensitive” in the log
frame wherever it concerns the drafting of legal acts. The implementation of the
recommendation will ensure gender mainstreaming in the national laws.
3. In order to conduct a gender impact assessment of legislative acts it is recommended to
involve local or international legal experts in the field of gender equality for providing a
gender impact assessment. The goal of this recommendation is to ensure the verification of
gender sensitiveness of the developed legal acts. For the implementation of this
recommendation there is a need to integrate the wording “gender-impact assessment”
among the sources of verifications in the log frame of the gender impact assessment
exercise of the Project. The implementation of this recommendation will ensure the gender
impact analysis of the developed legal acts, and thus, will provide the gender-sensitiveness
of the developed legal acts.
B. Recommendations in the field of “Supporting the criminal justice reform and

harmonising the application of European standards in Armenia” (Component 2)
1. It is recommended to integrate a special requirement in the Terms of Reference of the

Expert on including a special brief explanation for a gender-sensitive pedagogical
28
methodology64 in the training materials/curricula to be developed, if relevant to the
developed content. The goal of this recommendation is to provide a basis for the integration
of a gender-sensitive pedagogical methodology in the developed training courses, if there is
a special chapter on gender equality main concepts (for example, gender stereotypes,
gender bias, etc.). The implementation of this recommendation is based on the knowledge
and familiarity of the Expert with the gender sensitive pedagogical methodology. There is a
need to integrate the requirement on a “gender sensitive pedagogical methodology of the
training courses” in the logframe wherever it is relevant (see Appendix on Review of
logframe).
2. It is recommended to ensure a gender-sensitive methodology during the trainings, seminars,
discussions and round tables organised by the Project. This recommendation aims to ensure
the implementation of a gender-sensitive pedagogical methodology of the trainings,
seminars, discussions and round tables organised within the Project. The implementation of
this recommendation may have the challenge of lack of trainers who are familiar with the
gender-sensitive pedagogical methodology.
C. Recommendations concerning the capacity building of the Project staff
1. It is recommended to provide the Project staff with periodical trainings on gender

mainstreaming, gender equality, gender analysis, etc. This recommendation aims to provide
continuous trainings of staff on the gender equality perspective and to provide a platform
for discussion of practical challenges concerning gender mainstreaming of the projects.
2. Based on the Council of Europe Gender Mainstreaming Toolkit for Cooperation Projects and
other Council of Europe standards, it is recommended to develop guidelines for Project staff
on gender mainstreaming in the Projects having legal components or activities of legal
nature. This recommendation aims to provide methodological support to the staff of the
Projects being implemented in the legal sphere or including legal components or activities
64
See more information about gender-sensitive pedagogy and teaching at:
https://eige.europa.eu/sites/default/files/garcia_toolkit_gender_research_teaching.pdf ,
https://www.genderportal.eu/resources/tools-and-resouces-gender-sensitive-teaching-methods-higher-education ,
https://oceanrep.geomar.de/41854/1/Online%20Material_final_2019.pdf
29
of legal nature. This recommendation is based on the needs that the Project staff may have,
considering the narrow field nature of the Project or the component/activity. The
implementation of this recommendation is conditioned with the successful development of a
special toolkit.
3. It is recommended to provide guidance on gender mainstreaming issues on a permanent
basis. This recommendation aims to support the Project staff to discuss the problematic
issues on gender mainstreaming of the project, that they may face during everyday work,
with the Gender equality consultant.
D. Recommendations for future work of the Council of Europe in Armenia
1. It is recommended to implement a special Project to support the improvement of expert

examination of the national legislation from a gender perspective in Armenia. This
recommendation aims to provide support to relevant authorities in the development and
improvement of an expert examination of the legislation from a gender perspective.
2. It is recommended to develop and implement actions aimed at preparing and enforcing a
national strategy on gender mainstreaming. This recommendation aims to assist the
Government of Armenia in developing and implementing the national framework for gender
mainstreaming in consistence with the commitments to the Council of Europe.
3. It is recommended to develop and implement actions for drafting amendments to legislative
acts and adopting relevant by-laws to ensure implementation of gender mainstreaming
policy. This recommendation aims to assist the Government of Armenia in developing a
national framework for gender mainstreaming in line with the commitments to the Council
of Europe.
4. It is recommended to support the development of methods, instruments and tools for a
gender impact assessment. This recommendation aims to assist the Government of Armenia
in developing a methodological framework for a gender impact assessment of draft laws.
5. It is recommended to provide trainings of relevant staff responsible for gender
mainstreaming. This recommendation aims to support the Government of Armenia in
30
improving the capacity of the staff of those authorities that will be responsible for gender
mainstreaming according to the developed national framework.
6. It is recommended to further develop the HELP Guidebook on the Human Rights training
methodology for legal professionals and include a special chapter on the gender-sensitive
pedagogical methodology. This recommendation aims to provide a methodological
guidance for the trainers to familiarise themselves with the gender-sensitive pedagogical
methodology.
8. CONCLUSION
The gender analysis of the PGG Project “Implementation of judicial reforms in Armenia”
Component 1 “Support to the judicial reform – enhancing the independence and professionalism of
the judiciary in Armenia” and Component 2 “Supporting the criminal justice reform and
harmonising the application of European standards in Armenia” focuses on the trainings for legal
professionals and the expert examination of the legislation from a gender perspective.
A number of training courses for legal professionals provided by the Academy of Justice are
not enough gender mainstreamed. This report identifies that gender mainstreaming is conducted in
very few training courses organised for legal professionals by the Justice Academy. In this context
the training courses developed under the PGG Project are among those. The contents of the
developed training courses are gender mainstreamed and ensure the consideration of gender
equality aspects.
The improvement in integrating a gender perspective may be based on the involvement of a
gender-sensitive pedagogical methodology in the developed training courses. It may be done by
expanding the gender-sensitive pedagogical methodology in the HELP Guidebook on Human
Rights training methodology for legal professionals. This improvement will provide a basis for
31
trainers of Justice Academy to be trained on the gender-sensitive pedagogical methodology of
delivering trainings for legal professionals.
The analysis shows that an expert examination of the legislation from a gender perspective
(gender impact assessment of the draft laws and expert examination of normative legal acts) does
not have enough legislative and institutional guarantees to be implemented in practice. The lack of
methodological guidelines, tools and instruments is another obstacle for putting in practice an
expert examination of the legislation from a gender perspective. The study shows that it is
necessary to create a complete institutional, procedural and methodological framework for having
an effective system of expert examination from a gender perspective in Armenia.
The development of gender-sensitive legal acts within the PGG Project is stressed,
considering the absence of an assessment of gender-sensitiveness of the legislation in Armenia.
This report identifies the necessity to make efforts for adopting and putting into practice a strategy
on gender mainstreaming to ensure, inter alia, the adoption of a gender-sensitive legislation. The
Government should have a systematised approach for the implementation of international standards
on gender mainstreaming and making existing legal provisions on gender mainstreaming alive.
The recommendations provided in this report aim to improve gender mainstreaming of the
Project, as well as provide the basis for a broad scope of possible projects in the field of gender
equality that could be implemented by the Council of Europe in Armenia.
32
9. BIBLIOGRAPHY
International documents
1. International Covenant on Economic, Social and Cultural Rights (ICESCR),

https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx
2. International Covenant on Civil and Political Rights (ICCPR),
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
3. UN Convention on the Elimination of Discrimination against Women (CEDAW) and its
Optional Protocol, https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
4. International Convention on the Elimination of All Forms of Racial Discrimination,
https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx
5. UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, https://www.ohchr.org/en/professionalinterest/pages/cat.aspx
6. Convention on the Rights of Persons with Disabilities,
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-
with-disabilities.html
7. Council of Europe’s Convention for the Protection of Human Rights and Fundamental
Freedoms, https://www.echr.coe.int/documents/convention_eng.pdf
8. European Social Charter (revised),
https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168007cf93
9. Council of Europe Gender Equality Strategy 2018-2023, https://rm.coe.int/prems-093618-
gbr-gender-equality-strategy-2023-weba5/16808b47e1
10. The Council of Europe Action Plan for Armenia 2019-2022,
https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=090000168090762f
11. Council of Europe. 2019. Armenia: Opinion on the Constitutional Implications of the
Ratification of the Council of Europe Convention on Preventing and Combating Violence
33
against Women and Domestic Violence (Istanbul Convention). Venice.
https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2019)018-e
12. CoE Gender Mainstreaming Toolkit for Cooperation Projects, https://rm.coe.int/final-
gender-mainstreaming-toolkit-februar-2019-public-access/1680936820
13. Recommendation Rec(2007)17 of the Committee of Ministers on gender equality standards
and mechanisms, https://search.coe.int/cm/Pages/result_details.aspx?
ObjectId=09000016805d4aa3
14. Recommendation No. R(98)14 on gender mainstreaming,
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?
documentId=09000016804ec94a
15. Recommendation CM/Rec(2017)9 on gender equality in the audiovisual sector,
https://www.filmuniversitaet.de/fileadmin/user_upload/pdfs/Gleichstellung/
CM_Rec_2017_9E.pdf
16. Recommendation CM/Rec(2007)13 of the Committee of Ministers on gender
mainstreaming in education, https://search.coe.int/cm/Pages/result_details.aspx?
ObjectID=09000016805d5287 , Recommendation REC(2008)1 on the inclusion of gender
differences in health policy https://search.coe.int/cm/Pages/result_details.aspx?
ObjectID=09000016805d4212
17. Recommendation REC(2013)1 on Gender equality and media
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c7c7e
18. Recommendation REC(2015)2 on gender mainstreaming in sport
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805c4721
19. Gender mainstreaming: Conceptual framework, methodology and presentation of good
practices, Final report of activities of the Group of Specialists on Mainstreaming,
https://rm.coe.int/1680596135,
20. Barriers, remedies and good practices for women’s access to justice in Armenia, Council of
Europe, https://rm.coe.int/armenia-barriers-remedies-and-good-pratices/168075fd50
21. The Global Gender Gap Report 2018, World Economic Forum,
http://www3.weforum.org/docs/WEF_GGGR_2018.pdf
34
22. R. Inglehart, C. Haerpfer, A. Moreno, C. Welzel, K. Kizilova, J. Diez-Medrano, M. Lagos,
P. Norris, E. Ponarin, and B. Puranen et al., eds. 2014. World Values Survey: Round Six—
Country-Pooled Datafile Version. Madrid: JD Systems Institute.
http://www.worldvaluessurvey.org/WVSDocumentationWV6.jsp
23. Kovkas Social Studies Center. 2011. Gender Dimension of Civic and Political Participation
in Armenia: Report on Findings of the Sociological Study. Yerevan (UNFPA Combatting
Gender Based Violence in the South Caucasus Project/Armenia),
https://www2.osce.org/files/f/documents/5/4/81699.pdf
24. USAID/Armenia Gender Analysis Report 2019,
https://usaidlearninglab.org/sites/default/files/resource/files/usaid_armeniagender_analysis_
report_for_public.pdf
25. UNFPA. Men and Gender Equality in Armenia, 2016,
https://armenia.unfpa.org/sites/default/files/pub-pdf/MEN%20AND%20GENDER
%20EQUALITY_Final_0.pdf ;
26. Guntzberger, M., Kostelny, K, and K. Ondoro. Caring for Equality Baseline Report, World
Vision Armenia, March 2017, https://www.wvi.org/sites/default/files/Caring%20for
%20Equality%20project%20baseline%20evaluation%20report%20final.pdf.
27. “Women in power and decision-making in the Eastern Partnership countries”,
https://www.iknowpolitics.org/sites/default/files/gender_equality_and_decision_making_in
_eap_countries_2015_-_report_and_annex_one_file.pdf
28. European Commission for the Efficiency of Justice (CEPEJ), “European judicial systems։
Efficiency and quality of justice”, CEPEJ STUDIES No. 26, https://rm.coe.int/rapport-
avec-couv-18-09-2018-en/16808def9c
29. Armenia Country Gender Assessment, 2019, Asian Development Bank,
https://www.adb.org/documents/armenia-country-gender-assessment-2019
30. 2030 Agenda for Sustainable Development,
https://sustainabledevelopment.un.org/post2015/transformingourworld
Domestic legislation and reports

31. RA Constitution, http://concourt.am/english/constitutions/index2015.htm
35
32. RA Judicial Code https://www.arlis.am/DocumentView.aspx?DocID=146620
33. Law on Ensuring Equal Rights and Equal Opportunities for Men and Women
34. RA Law on Academy of Justice, https://www.arlis.am/DocumentView.aspx?
DocID=142382 (available only in Armenia)
35. RA Law on Prevention of Violence within the Family, Protection of Victims of Violence
within the Family and Restoration of Peace in the Family
https://www.refworld.org/pdfid/5a6b2e274.pdf
36. 2011-2015 RA Gender Policy Action Plan, https://www.un.am/up/file/2011-2015_Gender
%20Policy_NAP-Eng.pdf
37. RA Government Decision No.1334-L “On affirming the Gender Equality Strategy and
Action Plan 2019–2023” https://www.arlis.am/DocumentView.aspx?DocID=134904
(available only in Armenian)
38. RA Government Decision No. 18-N from 14 January 2010,
39. Women and men in Armenia, 2019, Statistical Committee of the Republic of Armenia,
page 76 https://www.armstat.am/file/article/gender_2019.pdf
40. Analysis of Gender Pay Gap and Gender Inequalities in the Labour Market in Armenia, UN
Women, Armstat, 2020,
https://armstat.am/file/article/analysis_of_the_gender_pay_gap_armenia_en.pdf
41. Perceptions, attitudes and practices regarding domestic violence in Armenia, Qualitative
research, 2017 https://www.un.am/up/library/Perceptions-attitudes-and-practices-regarding-
domestic-violence-in-Armenia_Reserach_Arm.pdf
Electronic resources
42. https://www.gov.am
43. www.justiceacademy.am
44. www.concourt.am
45. www.court.am
36
46. www.coe.int
47. www.eige.europa.eu
37
10. APPENDIX (Review of log frame)
PGG II: 2. Support to the judicial reform – enhancing the independence and professionalism of the judiciary in
Armenia (2339)
Intervention logic Objectively Baseline Annual Target Annual Target Final Target Sources of
verifiable Description (2019) Description verification
indicators (2020)
Impact Court users benefit from % of the court users - Court Users’ Satisfaction
more independent, having increased Survey implemented in
transparent and efficient satisfaction level form 2016 and 2021; - Project
functioning of the judiciary the independence, reports, news reports,
transparency and reports of the Council of
efficiency of the Europe monitoring
courts of Armenia bodies.
Outcome 1 Gender-sensitive national % of 70 % of Post adoption reviews;
legal acts on the judiciary recommendations of recommendations gender-impact
are developed, revised and the CoE bodies – of the CoE bodies assessment, reports of
implemented in line with Venice Commission, are addressed the Council of Europe
Council of Europe ECtHR, Office of the through legislative monitoring bodies;
standards Commissioner of amendments Project progress reports,
Human Rights, the news reports.
European
Commission for the
Efficiency of Justice
(CEPEJ), the
Consultative Council
of European Judges
(CCJE) and the best
practices of CoE
member states
addressed through
legislative
amendments in the
national legal acts
38
Outcome 2 The transparency and % of the population 50 % of the Project reports, Second
efficiency of the work of more aware of the population more Courts Users’ Satisfaction
the Judicial Self-governing work of the Judicial aware of the work Survey (gender
Bodies, namely the newly Self-governing bodies of the Judicial Self- perspective should be
established Supreme governing bodies integrated in the survey),
Judicial Council and the news reports, low profile
General Assembly of Judges surveys conducted by the
is enhanced with the Project.
support of the Project
Outcome 3 Equal access to justice and % of increase of the 40 % of increase of Progress reports;
legal certainty is enhanced satisfaction of the satisfaction of infrastructure in place; m
and the efficiency of the stakeholders and stakeholders and onitoring and evaluation
performance and court users; % of the court users; 40 % of reports, and national
management of the courts increase in the the increase in the reports; s urvey and
are improved in line with efficiency of court efficiency of court progress reports; policy
the Council of Europe management management documents.
standards
Outcome 4 Practical application of % of cases solved by 30 % of cases Project reports, Court
arbitration and mediation mediation and solved by statistics, Statistics of the
in Armenia is improved in arbitration mediation and Self-governing
order to facilitate access to arbitration organization of mediators
justice and for the benefit of Armenia, Arbitrators
of the public, the reduction Association of Armenia.
of the backlog of cases and
theoverall economic
growth.
Output 1.1.1 Opinions/assessments At least 10 5 recommendations 10 Project quarterly and

(including gender impact recommendations of of CoE international recommendations progress reports; Written
assessment) of the experts the Council of Europe consultants are in of the CoE feedbacks from the
of the Council of Europe on international place international national stakeholders of
the gender-sensitive draft consultants are in consultants are in the Project.
legislation related to the place with place
justice system of Armenia appropriate
provide recommendations suggestions to
as to the strengthening the strengthen the
independence, impartiality independence,
and effectiveness of the impartiality and
judiciary effectives of the
judiciary of Armenia
based on the Council
of Europe Standards
39
and best practices of
Council of Europe
member states
Output 1.1.2 Gender-sensitive Number of One gender- The gender-sensitive
Implementation Manual of implementation sensitive Implementation Manual
the newly adopted Civil Manuals of the newly Implementation is developed, published
Procedure Code is drafted, adopted Civil Manual on the Civil and disseminated
published and Procedure Code Procedure Code is amongst the interested
disseminated amongst all developed in 2020 authorities
judges of Armenia and and published and
other interested parties, disseminated
including advocates and amongst the
human rights defenders interested
authorities in 2021
Output 1.1.3 Gender-sensitive Number of One gender- The gender-sensitive
Implementation Manual of implementation sensitive Implementation Manual
to-be-adopted Code of Manual of to-be- Implementation is developed, published
Administrative Procedure is adopted Code of Manual on the and disseminated
drafted, published and Administrative Code of amongst the interested
disseminated amongst all Procedure Administrative authorities
judges of Armenia and Offences is
other interested parties, developed in 2020
including advocates and and published and
human rights defenders disseminated
amongst the
interested
authorities in 2021
Output 1.1.4 Recommendations of the Number of At least 5 At least 5 At least 20 The quarterly and
Council of Europe on recommendations of recommendations recommendations recommendations progress reports of the
improving the draft and the Council of Europe of the Council of of the Council of Project; the post
existing legislation are on improving the Europe on Europe on adoption reviews of the
followed by the Armenian draft and existing improving draft improving draft adopted and/or amended
authorities legislation proposed legal acts and legal acts and legal acts
to the relevant state existing legislation existing legislation
authorities in line are in place are in place
with Council of
Europe standards
Output 1.1.5 The quality of judicial acts % of Armenian judges No judges were At least 30% of At least 60% of Sign-in sheets of the
is increased and the trained on improving trained on this Armenian judges of Armenian judges of trainings with judges;
justifications of the final the quality of judicial topic, the results different courts of different courts of Project progress reports;
substantive judicial acts acts of the first Court different instances different instances the Second Court Users’
40
solving the case are clearer Users Satisfaction will be trained. The will be trained. The Satisfaction Report
for the court users Survey confirm gender balance and gender balance and
the advocates gender sensitive gender sensitive
reported to be pedagogical pedagogical
less satisfied with methodology should methodology
the clarity and the be ensured. should be ensured.
reasoning of
conclusions of the
final judicial acts
than the court
users.
Output 2.1.1 Acts (procedures, rules and Number of acts of the No acts of the One act of the Supreme At least one act At least two acts At least two reports
regulations) of the Supreme Judicial Supreme Judicial Judicial Council (procedures, rules (procedures, rules developed by Council of
Supreme Judicial Council Council reviewed by Council was and regulations) of and regulations) of Europe international
are reviewed by the Council the Council of Europe reviewed by the the Supreme the Supreme consultants on the
of Europe international international Council of Europe Judicial Council will Judicial Council will compliance of the draft
consultants as to their consultants as of 2018 be reviewed by the be reviewed by the act of the Supreme
compliance with the Council of Europe. Council of Europe. Judicial Council with the
Council of Europe The integration of The integration of Council of Europe
standards, gender perspective gender perspective standards and best
recommendations and best in the review is in the review is practices of Council of
practices of Council of ensured. ensured. Europe member states;
Europe member states. The Project progress reports,
integration of gender monitoring and
perspective in the review is evaluation reports
ensured.
Output 2.1.2 Opinions/assessments At least 8 Two recommendations Four At least 8 Quarterly reports of the
(including gender impact recommendations of are in place recommendations recommendations Project; Progress reports
assessment) of the experts the Council of Europe are in place of the Council of of the Project; Written
of the Council of Europe on international Europe feedback of the members
the draft acts (procedures, consultants are in international of the Supreme Judicial
rules and regulations) of place with consultants are in Council
the Supreme Judicial appropriate place
Council provide suggestions to
recommendations as to the improve the acts
improvement of the acts in (procedures, rules
line with the best practices and regulations) of
of the Council of Europe the Supreme Judicial
member states Council based on the
Council of Europe
Standards and best
practices of Council of
41
Europe member
states
Output 2.1.3 The internal capacities of Number of best At least one best At least two best Feedbacks of the
the judicial Self-governing practices related to practice is proposed practices are familiarization visit for
bodies are enhanced and internal capacities of to the Supreme proposed to the the Supreme Judicial
the members of the similar high judicial Judicial Council Supreme Judicial Council members
Supreme Judicial Council councils in other Council (involving at least two
are better aware of the Council of Europe female members) to a
Council of Europe member states Council of Europe
standards as a result of proposed to the member state; Meeting
having familiarization Supreme Judicial reports and outputs,
visit(s) to selected Council Council including news reports on
of Europe member state(s) the website of the
for the exchange of best Supreme Judicial Council;
practices in the field of Workshop reports;
functions and duties of high Project quarterly and
councils of justice of other progress reports.
Council of Europe member
states
Output 2.1.4 Measures are taken to Number of concrete At least two At least three Recommendations
enhance the number of recommendations recommendations recommendations drafted and submitted to
female judges in the submitted to the are drafted and are drafted and the Supreme Judicial
Armenian courts and to Supreme Judicial submitted to the submitted to the Council; Sign-in sheets of
raise the number of female Council on enhancing Supreme Judicial Supreme Judicial the discussions within the
members in the Supreme the level of Council on the Council on the judiciary and the
Judicial Council engagement of possibilities of possibilities of Parliament; Project
women judges in the enhancing the level enhancing the level reports, progress reports
judiciary of Armenia of engagement of of engagement of
and raising the women judges in women judges in
number of women the judiciary of the judiciary of
members of the Armenia with at Armenia with at
Supreme Judicial least 10% and least 10% and
Council raising the number raising the number
of women members of women
of the Supreme members of the
Judicial Council Supreme Judicial
Council
Output 2.1.5 Women judges of Armenia % of women judges of 30 % of women 70 % of women Sign-in sheets of the
are trained on leadership Armenia are trained judges of Armenia judges of Armenia trainings conducted with
skills on leadership skills are trained on are trained on Armenian judges,
leadership skills leadership skills Progress reports,
42
monitoring and
evaluation reports, low
profile surveys conducted
by the Project
Output 2.1.6 The international % of increase of the 10% The international The international Established regular
cooperation of Armenian international cooperation is cooperation is contacts between the
women judges is increased cooperation of increased by 20% increased by 30%- International Association
Armenian women 40% of Women Judges and
judges the Women Judges’
Section of the Association
of Judges of Armenia;
Project reports, progress
reports, news reports
Output 2.1.7 The judiciary of Armenia is Number of One meeting At least one At least two Meetings/round table
empowered and better meetings/round meeting/round meetings/round discussions are
informed about the table-discussions table-discussion table-discussions conducted; judges have
principles of ensuring equal conducted with the with the increased knowledge on
access to justice for all participation of participation of the equal access to
including women and women judges on women judges on justice for all. The
vulnerable groups is empowering judges empowering judges gender-sensitive
improved and ensuring equal and ensuring equal methodology of
access to justice for access to justice for discussions/round tables
all, including women all, including should be ensured.
and vulnerable women and
groups is conducted vulnerable groups
are conducted
Output 2.1.8 The internal management Number of staff At least two staff Study visit to a similar
capacities of the Supreme members of the members of the council in a Council of
Judicial Council are raised Judicial Department Judicial Europe member state for
so to ensure better trained on the Department are an exchange of best
transparency and efficiency techniques of trained on the practices; The work of
of its work ensuring better techniques of the Supreme Judicial
transparency and ensuring better Council is more
efficiency of the work transparency of its transparent in the eyes of
of justice councils. work judges and the public at
Gender balance and large .
gender sensitive
methodology during
the trainings is
ensured.
Output 2.1.9 Public awareness on the % of the population 55 % of the Pilot projects on
43
functioning of the judicial aware of the work of population aware enhancing the knowledge
self-governing bodies is the judicial self- of the work of the of potential courts users
enhanced governing bodies judicial self- about the functioning of
governing bodies the judiciary
implemented in Yerevan
and Marzes of Armenia
Output 3.1.1 Potential court users are % of increase of the 40 % of increase of One pilot Project in
better informed about their level of awareness of the level of Yerevan and one in a
rights and obligations, as potential court users awareness of selected Marz of Armenia
well as the rights and on their rights and potential court on raising the awareness
obligations of judges, obligations, as well as users on their of potential court users
prosecutors, advocates and the rights and rights and on their rights and
other parties of the case obligations of judges, obligations obligations, as well as the
prosecutors, rights and obligations of
advocates and other judges, prosecutors,
parties of the case advocates and other
parties of the case ; The
Court Users’ Satisfaction
Survey; Pre and post
evaluations (when
relevant); Progress
reports, monitoring and
evaluation reports.
Output 3.1.2 ICT tools for courts/case Number of At least five At least ten Progress reports,
management and judicial recommendations of recommendations recommendations monitoring and
services are advanced the Council of Europe are proposed are proposed evaluation reports. The
based on the best practices related to the gender impact
of Council of Europe advancement of ICT assessment of
member states tools for courts/case recommendations is
management and ensured.
judicial services
proposed to the
policy maker of the
judicial field
Output 3.1.3 CEPEJ efficiency and quality Number of members At least 7 members At least 7 members The CEPEJ efficiency and
measurement tools are of the Supreme of the Supreme of the Supreme quality measurement
applied by the Supreme Judicial Council Judicial Council Judicial Council tools adjusted to the
Judicial Council trained on the CEPEJ Armenian judicial system;
efficiency and quality Sign-in sheets of the
measurement tools trainings on the specifics
of the application of
44
CEPEJ efficiency and
quality measurement
tools; Progress reports,
monitoring and
evaluation report.
Output 3.1.4 Justice Academy’s course Number of updated One course on Updated course on
on advanced court courses on advanced advanced court advanced court
management is updated court management management is management is updated
based on the CEPEJ tools updated and taught based on the
CEPEJ tools; Project
reports; Monitoring and
evaluation reports; News
reports
Output 3.1.5 Technical and legislative Number of At least five At least ten Quarterly and progress
barriers to the access to recommendations of recommendations recommendations reports of the Project;
justice are detached for the the Council of Europe are proposed are proposed Monitoring and
vulnerable groups, on illuminating evaluation reports;
including women and technical and Second Court Users’
ethnic minorities legislative barriers to Satisfaction Report .
the access of justice
for vulnerable groups,
including women and
ethics minorities
proposed
Output 3.1.6 Court managers function % of court managers At least 40% At least 70% Progress reports;
more effectively, based on trained on Monitoring and
the best practices of management skills evaluation reports; Sign-
Council of Europe member in sheets of the trainings
states
Output 3.1.7 Random case distribution % of the Council of 80 % of the CoE The adopted
system is improved based Europe recommendations recommendation;
on the best practices of recommendations on on the random Progress reports;
Council of Europe member the random case case assignment Monitoring and
states and operates assignment taken into are taken into evaluation reports
smoothly, ensuring fair account by policy account
balance between the makers of the justice
access to justice and quality field and the judiciary
justice of Armenia
Output 4.1.1 Mediators and arbitrators Number of trainings At least one training At least two Conducted trainings; Pre
are better aware of the conducted on new session for training sessions and post evaluation
45
new legal provisions of the legal provisions mediators and for mediators and forms (if applicable);
new Law on Mediation, in arbitrators on the arbitrators on the Progress reports,
particular specifics of new legal provisions new legal monitoring and
commercial mediation, of the new Law on provisions of the evaluation reports.
amended law on Mediation, in new Law on Gender balance and
Commercial Arbitration and particular specifics Mediation, in gender sensitive
the new Civil Procedure of commercial particular specifics methodology of the
Code mediation, of commercial trainings is ensured.
amended law on mediation,
Commercial amended law on
Arbitration and the Commercial
new Civil Procedure Arbitration and the
Code new Civil Procedure
Code
Output The dialogue with the Increase of the % of 30 % of the number Court statistics, statistics
4.1.10 judges and mediators is the number of cases of cases referred by of the Self-governing
improved referred by the judge the judges to organization of Mediators
to a mediator mediators of Armenia, low profile
surveys conducted by the
Project
Output Judges are trained on the % of judges examining 70% of judges Sign-in sheets; Project
4.1.11 criterions for define the civil cases trained to examining civil reports, News reports
suitable cases for define the suitable cases trained to
mediation are conducted cases for mediation define the suitable
are conducted cases for
mediation. Gender
balance and gender
sensitive
methodology of the
trainings is
ensured.
Output Advocates are trained on Number of round One round table Two round tables Sign-in sheets, Project
4.1.12 the new Law on Mediation table discussions for reports, News reports
and the Civil Procedure advocates of Armenia
Code related to the on the new Law on
application of mediation in Mediation and the
the cases when judges Civil Procedure Code
assign mediation are related to the
conducted. Gender balance application of
and gender sensitive mediation in the
methodology of the cases when judges
46
trainings is ensured. assign mediation are
conducted
Output Coordination and Number of meetings One meeting Two meetings Sign-in sheets; Project
4.1.13 communication between and workshops held between the judges between the judges reports; News reports
the judges and arbitrators to develop better and arbitrators and arbitrators
are improved coordination and
communication
between the judges
and arbitrators
Output 4.1.2 One practical application Number of practical One practical Published practical
guide on mediation and application guides application guide application guides; Sign-
one practical application developed and on mediation and in sheets of the meetings;
guide on arbitration are published on one practical Progress reports
drafted and widely mediation and application guide
disseminated amongst the arbitration on arbitration are
interested parties drafted
Output 4.1.3 Number of cases resolved Number of pilot 100 disputes are 200 disputes are
through mediation projects on mediation resolved by resolved by
increases in Yerevan and implemented in 2019 mediation as a mediation as a
Marzes and 2020 in Yerevan result of result of
and other regions in implementing pilot implementing pilot
Armenia projects in Yerevan projects in Yerevan
and Marzes in 2020 and Marzes in 2020
and 2021.
Output 4.1.4 The business community of Number of sector- At least one sector At least three Sign-in sheets of the
Armenia is better informed specific events and specific meeting is sector specific meetings conducted;
about the advantages of meetings held with held with the meetings are held Statistics of the
arbitration and may choose the relevant business business sector to with the business Association of Arbitrators
arbitration whenever community to explain explain the benefits sector to explain of Armenia on the
relevant the benefits of of arbitration the benefits of arbitration cases;
arbitration arbitration. Gender Progress reports; News
balance of the reports; Monitoring an
meetings is evaluation reports.
ensured.
Output 4.1.5 Students of Armenian Number of 8 in 2018 11 teams were registered 13 teams in 2020 10 teams in 2019, Sign-in sheets; News
educational institutions teams/universities and 9 teams participated 13 teams in 2020 reports and the reports
have improved knowledge participating at the in the final and semifinal and 17 teams in of the Project; Progress
and skills on arbitration moot court on rounds of the compeition 2021 reports; Monitoring and
Arbitration in in 2019 evaluation reports
Armenia is raised in
47
2019 with two, in
2020 with three and
in 2021 with four
universities
Output 4.1.6 Students of Armenian Number of teams At least one team At least two teams News reports, Project
educational institutions from Armenia from Armenia from Armenia progress reports; Results
have improved skills in participated in participate in participate in of the international moot
international arbitration international moot international moot international moot court competitions
court competitions on court competitions court competitions
arbitration in 2020 on arbitration in on arbitration in
and 2021 2020 2020 and 2021
Output 4.1.7 Literature in Armenian on Number of books and One book and one Published book and the
arbitration and mediation is practical manuals practical manual on manual; Project progress
published developed and arbitration and reports; Monitoring and
published on mediation for law evaluation reports
arbitration and students, legal
mediation for law practitioners,
students, legal mediators and
practitioners, arbitrators are
mediators and written and
arbitrators are written published
and published
Output 4.1.8 Armenian mediators and Number of mediators Minimum 5 and Minimum 5 and Sign-in sheets, Project
arbitrators are trained by and arbitrators maximum 7 maximum 7 reports, News reports
certified training trained on the law arbitrators working arbitrators working
institutions and practice of in Armenia and 70% in Armenia and
arbitration and of certified 70% of certified
mediation by mediators of mediators of
European arbitration Armenia are trained Armenia are
training institutions, on the law and trained on the law
e.g. certificate, practice of and practice of
advanced certificate arbitration and arbitration and
or diploma courses of mediation by mediation by
the Chartered European European
Institute of arbitration training arbitration training
Arbitrators (CIArb) institutions, e.g. institutions, e.g.
and others certificate, certificate,
advanced certificate advanced
or diploma courses certificate or
of the Chartered diploma courses of
Institute of the Chartered
48
Arbitrators (CIArb) Institute of
and others. Gender Arbitrators (CIArb)
balance of the and others. Gender
trainings is ensured. balance of the
trainings is
ensured.
Output 4.1.9 International arbitration Number of 1 International 2 International Sign-in sheets; Project
and mediation events are international arbitration and arbitration and reports; News reports
conducted in Armenia with arbitration and mediation event is mediation events
the participation of mediation events conducted in are conducted in
mediators and arbitrators conducted in Armenia Armenia with the Armenia with the
from other Council of participation of participation of
Europe member states mediators and mediators and
arbitrators from arbitrators from
other Council of other Council of
Europe member Europe member
states states
PGG II: 3. Supporting the criminal justice reform and harmonising the application of European standards in Armenia (2340)
Intervention logic Objectively verifiable Baseline Annual Target Final Target Sources of verification Assumptions
indicators Description
(2020)
Impact Guarantees in criminal Stronger trust in the Experts' reports, Feedback of
proceedings are enhanced in criminal justice system national authorities',
accordance with European through the Statistics, NGO and
standards implementation of international organisations’
reform in line with reports, Surveys
European standards
Outcome 1 The judiciary is ready to deliver Percentage of was determined Improved by 10% Improved by 10% Experts' reports (including Stable political environment;
higher quality criminal justice judgments in criminal during the gender gender equality active involvement of all
owing to a more harmonised cases where the ECHR is sensitive needs perspective), national stakeholders; commitment of
application of European invoked and applied assessment and authorities' statistics, NGO the judiciary; availability of
standards and national case- correctly (e.g. Art. 3 and baseline study and international qualified national and
49
law Art. 5). Percentage of organisations' reports, international experts;
decisions of lower courts participants’ self-assessment commitment of the Government
in criminal cases to advance the criminal justice
overruled by the Court reform; active involvement of
of Cassation on the the Justice Academy and
grounds of inconsistent commitment to integrate new
application of the courses in its standard
national law and curriculum for judges
European standards
Increased awareness
among judges of the
need for a harmonised
application of the
national and European
standards in criminal
justice.
Outcome 2 National criminal justice policy Number of laws on 0 The indicators for The indicators for Experts' reports (including
and practice is further aligned criminal justice adopted this outcome will this outcome will be gender equality
with European standards in line with the be measured in measured in 2021 perspective), national
European standards 2021 after the after the adoption authorities' statistics, NGO
adoption of the of the CC and CPC in and International
CC and CPC in 2020 organisations' reports,
2020 trainees self-assessment
National criminal justice policy Number of criminal 0 50 including at 50 including at least Experts' reports (including
and practice is further aligned justice actors least 15% 15% females) gender equality
with European standards (female/male) trained females) perspective), national
who are more confident authorities' statistics, NGO
in and routinely apply and International
the knowledge related organisations' reports,
to the new legal trainees self-assessment
framework
Outcome 3 The capacity of the Justice The capacity of the the needs were Training curricula 80% of criminal Experts' reports (including
Academy to train judges and Justice Academy to determined during on criminal justice judges are trained gender equality
judicial assistants on criminal train judges and judicial the gender-sensitive related 5 modules on the new perspective),
justice is strengthened, taking assistants on criminal needs- assessment were developed curricula. questionnaires/ participants
into account the needs of justice is strengthened, activities and integrated in feedback, national
vulnerable groups and taking into account the the curricula of authorities' statistics, NGOs
relevant gender aspects needs of vulnerable judges and and International
(including gender-sensitive groups and relevant judicial servants organisations' reports
methodology) gender aspects of the Justice
(including gender- Academy.
sensitive
50
methodology).
Output 1.1.1 Outputs 1.1.1 & 1.1.2: Active
involvement and commitment
of judges of the CoC and other
courts Output 1.1.3: Active
involvement of the Justice
Academy, availability of
qualified national tutors; access
of the beneficiaries to IT tools
Output 2.1.1: Commitment of
the necessary human and other
resources by the beneficiaries to
adopt the new gender-sensitive
criminal legislation Output
2.1.2: Availability of different
stakeholders to participate in
the activities Output 2.1.3:
Commitment of the necessary
human and other resources by
the beneficiaries to adopt and
implement the new gender-
sensitive criminal legislation
Output 2.1.4: Availability of
qualified national experts
having knowledge of
national legal framework and
international standards on
gender equality Output
3.1.1: Proactive approach of
the Justice Academy to
integrating new courses in its
standard curriculum for judges;
availability of qualified national
experts having knowledge of
national legal framework and
international standards on
gender equality Output 3.1.2:
Active involvement of the
current and potential trainers of
the Justice Academy Output
3.1.3: Active involvement and
commitment of judges of the
51
CoC and other courts Output
3.1.4: Proactive approach of the
staff of the Government Agent
of Armenia before the ECtHR,
availability of qualified experts
and lawyers of the ECtHR
Methodologies and inter- Number of criminal Baseline was The major impact Increased by 30% Reports of the meetings,
judicial mechanisms for dealing judges whose work is determined during of these activities ECtHR judgments, Project's
with specific issues in criminal impacted by round the gender-sesnitive will be achieved report, Peer review/expert
justice related to European tables discussions needs- assessment & in 2021, increased reports (including on gender
standards are enhanced and baseline study by 30% equality perspective)
their application harmonised
52
Output 1.1.2 The knowledge and skills of The knowledge and 0 30 30 Project's report, Feedback
judges and their judicial skills of judges and their from trainers, HELP website,
assistants to apply European judicial assistants to National judgments
standards on criminal justice apply European
in a harmonised manner is standards on criminal
enhanced justice in a harmonised
manner is enhanced
Output 1.1.3 Relevant HELP training course Quality of the adapted 0 1 New HELP distance Training courses and
and materials are available in course, Number of learning courses materials developed,
the national language and training materials on adapted to the project's report
accessible human rights available, Armenian national
Number of documents context
translated and
distributed, Availability
of documents online.
The training materials
should be gender
mainstreamed and
have gender sensitive
language.
Output 2.1.1 Gender-sensitive criminal Gender-sensitive 0 CoE expertises 80% of the CoE Text of the adopted Criminal
legislation is adopted in line criminal is adopted in were provided recommendations Procedure and Criminal
with the European standards line with the European and accepted in the Codes
standards recommendations adopted Criminal
were integrated Procedure and
in the draft Criminal Codes
Criminal
Procedure and
Criminal Codes.
The expertise
should include
gender impact
assessments of
the drafts.
Output 2.1.2 Legal professionals are trained Legal professionals, 0 100 Experts' reports,
on the implementation of the including from the pre- Legal questionnaires/ participants;
new criminal legislation. trial investigation professionals will feedback, national
Gender balance and gender- bodies, are trained on be trained after authorities' statistics; NGO
sensitive pedagogical the implementation of the adoption of and international
53
methodology of the trainings the new criminal the new CPC and organisations' reports
is ensured. legislation. Gender CC
balance and gender-
sensitive pedagogical
methodology of the
trainings is ensured.
Output 2.1.3 Key laws associated to the Number of key laws, 0 2 2 Redrafted laws
new Code of Criminal which are streamlined
Procedure and Criminal Code with European
are redrafted to facilitate the standards on criminal
implementation of provisions justice and with the
in the new legislation. new criminal
Gender impact assessment legislation of Armenia
of the drafts is ensured.
Output 2.1.4 Guides on implementing the Legal professionals are 0 2
new Code of Criminal provided with
Procedure and Criminal Code comprehensive guides
are developed to follow and apply the
new criminal legislation
Output 3.1.1 Improved quality, relevance Criminal justice related was determined 5 modules on 5 modules on Curricula of the Justice
and gender sensitiveness of courses prepared and during the criminal justice criminal justice and Academy; Peer review
criminal justice related included in the gender-sensitive and human rights human rights
courses included into the academic programme needs- were prepared (including gender
initial and mandatory of the Justice Academy assessment & for the curricula sensitive
continuous training baseline study of the Justice pedagogical
programme of the Justice Academy methodology)
Academy for judges and were integrated in
judicial assistants the curricula of the
Justice Academy
Output 3.1.2 Increased number of trainers Number of qualified Number of qualified 10 more trainers Curricula of the Justice
for judges and judicial trainers trained by the trainers to deliver Academy
assistants trained by the project to deliver the the criminal justice
project, which are used by the criminal justice related related courses in
Justice Academy. Gender- courses in the Justice the Justice Academy
sensitive pedagogical Academy. Gender-
methodology is ensured sensitive pedagogical
during the trainings. methodology is ensured
during the trainings.
Output 3.1.3 Proportion of criminal judges Proportion of criminal 0 80% of criminal Experts' reports,
54
and their judicial assistants judges and their judicial 5 gender- judges and 50% of questionnaires/ participants,
trained on criminal justice assistants trained on sensitive criminal their judicial feedback, national
related courses developed by criminal justice related justice related assistants. Gender authorities' statistics, NGOs
the project, who then apply courses developed by courses are balance of the and International
the acquired knowledge and the project, who then developed by the trainees is organisations' reports
skills apply the acquired project ensured.
knowledge and skills.
Gender-sensitive
pedagogical
methodology is
ensured during the
trainings.
Output 3.1.4 Enhanced institutional Enhanced institutional 0 2 training 2 training seminars
capacity of the staff of the capacity of the staff of seminars to to increase the
Government Agent of the Government Agent increase the institutional
Armenia before the ECtHR of Armenia before the institutional capacity of
ECtHR capacity of Government
Government Agent`s Office of
Agent`s Office of Armenia before
Armenia before ECtHR
ECtHR
55

Final Report GENDER ANALYSIS Rev 16mar21 2764-4991-1810 v.1 - MP

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Final Report GENDER ANALYSIS Rev 16mar21 2764-4991-1810 v.1 - MP

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GENDER ANALYSIS OF PGG

By Narine Aleksanyan 2020

2. DOMESTIC LEGAL FRAMEWORK AND INTERNATIONAL COMMITMENTS ON

3. GENDER- BASED DISCRIMINATION IN ARMENIA.......................................................8

4. GENDER EQUALITY ASPECTS IN THE JUDICIARY....................................................12

5. TRAININGS FOR LEGAL PROFESSIONALS IN ARMENIA.........................................15

6. EXPERT EXAMINATION OF LEGISLATION FROM A GENDER PERSPECTIVE..20

A. Recommendations in the field of “Support to the judicial reform – enhancing the

B. Recommendations in the field of “Supporting the criminal justice reform and

C. Recommendations concerning the capacity building of the Project staff....................29

D. Recommendations for future work of the Council of Europe in Armenia..................30

10. APPENDIX (Review of log frame)..........................................................................................38

3. GENDER- BASED DISCRIMINATION IN ARMENIA

The prohibition of gender-based discrimination in national legislation and the relevant

4. GENDER EQUALITY ASPECTS IN THE JUDICIARY

5. TRAININGS FOR LEGAL PROFESSIONALS IN ARMENIA

NN Course title Judges Prosecutors Investigators

6. EXPERT EXAMINATION OF LEGISLATION FROM A GENDER

The PGG Project “Implementation of Judicial Reforms in Armenia” already envisages

A. Recommendations in the field of “Support to the judicial reform – enhancing the

B. Recommendations in the field of “Supporting the criminal justice reform and

1. It is recommended to integrate a special requirement in the Terms of Reference of the

C. Recommendations concerning the capacity building of the Project staff

1. It is recommended to provide the Project staff with periodical trainings on gender

D. Recommendations for future work of the Council of Europe in Armenia

1. It is recommended to implement a special Project to support the improvement of expert

1. International Covenant on Economic, Social and Cultural Rights (ICESCR),

Domestic legislation and reports

Output 1.1.1 Opinions/assessments At least 10 5 recommendations 10 Project quarterly and

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