Presentation is loading. Please wait.

Presentation is loading. Please wait.

GENDER, JUSTICE AND DEMOCRATIZATION DEVCO Gender module, 2012 EU Gender Advisory Serivices 2012 1.

Similar presentations


Presentation on theme: "GENDER, JUSTICE AND DEMOCRATIZATION DEVCO Gender module, 2012 EU Gender Advisory Serivices 2012 1."— Presentation transcript:

1 GENDER, JUSTICE AND DEMOCRATIZATION DEVCO Gender module, 2012 EU Gender Advisory Serivices

2 Objective of this course module: Getting familiar with strategies to promote gender equality and women's empowerment in justice and democratization. 2

3 Table of Contents i. What is gender About? ii. International Commitments on Gender, Justice and Democratization iii. EU comprehensive Approach iv. Gender dimension: Legal Frameworks v. Gender dimensions: Access to Justice vi. Entry points for gender equality in Justice sector vii. Gender analysis of Democratization viii. Strategies to promote gender equality in democratization processes 3

4 i. What is gender about? GENDER: A concept that refers to the social differences between women and men that have been learned are changeable over time and have wide variations both within and between cultures. (European Commission, 1998)

5 gender and sex EU Gender Advisory Services Sex Biological differences (man/women) Chromosomal and physiological characteristics of men and women do not vary much among different cultures No much difference in time and placerather static Gender Socially constructed differences (masculinity/femininity) Social, political, and economic roles may vary much among different cultures Huge changes in time and place dynamic

6 Socially constructed inequality The problem is not that men and women are different, but the traditionally assigned roles are valued differently and men and women are stereotyped Everything associated with masculinity is valued higher The result is inequality in opportunities, benefits, gender discrimination

7 “(…) with sound legal and justice systems, women can flourish and contribute to the advancement of society as a whole, including by helping to improve those very same systems for future generations – daughters and sons alike.” Ban Ki-moon Secretary-General of the United Nations 7 Gender, Justice and Democracy

8 Factsheet (justice) 8 Legal Reforms 173 Countries guarantee Paid maternity leave 139 constitutions guarantee gender equality 125 countries outlaw domestic violence 117 countries outlaw sexual harassment 117 counties have equal pays 115 countries guarantee women’s equal property rights Justification of Domestic violence In 17 out of 41 countries a quarter or more people think that is justifiable for a man to beat his wife Existence of laws prohibiting each forms of violence Domestic violence 60% Sexual harassment 55% Marital rape 15% Discriminatory Legal codes and customary practices limiting women’s ability to control land (UN Women index on OECD data 2010: No access (0) to Full Access (1) Latin America and the Caribbean 0,87 Middle East and North Africa 0.63 Sub-Saharan Africa 0.41 South Asia 0.56 East Asia and the Pacific 0.84 Central Eastern Europe and Central Asia 0.88 Underreporting of rape cases A study on 57 countries in European countries reports: - 10% of women have experienced sexual assault; out of which only 11% reported it - 8% of women experienced robbery, out of which 38% reported it The same pattern is evident at global-level. Failure of justice services for women and lack of confidence in justice may explain this pattern.

9 Factsheet (democracy) 9 Legal Reforms Example of Rwanda: Rwanda superseded Sweden at the number one in the world in terms of women’s parliamentary representation — 56.3 percent women against Sweden’s 47.3 percent. Rwanda is an example of the use of electoral gender quotas as a fast track to gender balance in politics Rwanda recently approved important legal reforms on women rights:  the Succession Act (1999) establishing gender equality in inheritance and property ownership;  the National Land Policy (2004) and Land Law (2005) providing equality in statutory and customary land ownership;  the Law on Prevention and Punishment of Gender-Based Violence was passed (2008);  marital rape was criminalized (2009). WOMEN IN NATIONAL PARLIAMENTS In national parliaments, the global average of seats held by women is only 20.2 percent : Women make less than 20,2% of legislators (men still have 78.8.% and women only 20.2% of parliamentary seats) WOMEN HEAD OF STATE Only 16 women are Heads of State or Government around the globe. (2012)

10 10 ii. International commitments International and Regional Commitments  Convention on the Elimination of all forms of Discrimination Against Women (CEDAW )  Beijing Declaration and Platform for Action (PfA) (1995)  Millennium Development Goals (2000), MDG3  Protocol to the African Charter of Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol – 2003)  Inter-American convention on the Prevention, Punishment, and Eradication of Violence against Women, 1994 (Belem do Para) Institutional dimension:  CEDAW monitoring process on reporting  CEDAW Optional Protocol (in force since 2000) on the procedures for (a) claims of violations of rights to the CEDAW Committee, and (b) enquiry procedures  UN Special Rapporteur on Violence Against Women

11 11 iii. EU approach EU Commitments on Justice and Democracy  Treaty of the European Union:  European Consensus on Development (2006)  EC Communication on Gender Equality and women empowerment (8 of March 2007)  EU Guideline on Violence against women and girls (2008)  EU Comprehensive approach to implementing UNSCR (2008)  European Instrument for Democracy and Human Rights – EIDHR (2006; 2010)  Council conclusions on Democracy Support in the EU’s External Relations (2009)  EU Strategic Framework on Human Rights and Democracy (2012)

12 12 EU Gender strategy EU Gender 3 pronged approach Political and policy dialogue on gender equality Gender mainstreaming in all sectors and levels Specific strategic actions for gender equity EU-Gender Action Plan Specific Objective 8: Strengthen EU support to partner countries in combating gender-based violence and all forms of discriminations against women and girls Targets: ⇨ Indicator By 2011 at least 50% of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them. ⇨ Indicator By % of the EU Delegations introduce specific measures on the role of external assistance and development co-operation in their local strategies for the implementation of the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them ⇨ Indicator The thematic programmes and instruments (European Instrument for Democracy and Human Rights, Investing in People etc) will support NSAs to implement the EU Guidelines on Violence against Women and Girls and Combating All Forms of Discrimination against them

13 iv. Gender dimension of justice: Legal Frameworks Areas of marginalization Domestic violence Working environment Ethnicity Inheritance laws Citizenship and family laws Sexual and reproductive rights Work pays violence perpetrated within domestic walls often not considered sexual harassment laws (lack of protection laws) discrimination based on being from a certain tribe or indigenous group in particular related to property and land Inequalities related to marriage, divorce, custody right to abortion, rights to maternity leave, HIV related information and treatments, etc. equal pays for equal work, equal treatment, equal opportunities 13

14 Strategies to enhance the creation of non-discriminatory legal frameworks 14 Capacity building on CEDAW (Reporting) Shadow reports on CEDAW (Awareness raising) Capacity building for structural changes Specific targeted action to eliminate the most flagrant gender discrimination in legal frameworks or to address transitional justice

15 v. Gender dimension: Access to Justice 15 Social and Institutional obstacles to women’s and girls’ access to justice BARRIERS -lack of knowledge and social pressures -autonomy: Institutional -lack of gender sensitive expertise of staff -lack of resources and basic equipments -underrepresentation of women as judicial actors -costs -lack of legal advice -distance from rural areas -bias in judicial decision-making and discrimination in procedures Need for gender analysis of justice sector (micro-meso-macro), including practical and strategic gender needs Strategic needs (ex. Gender sensitive expertise; social pressure) Gender desks (India) One-stop shops: integrating services tailor made to women, in particular victims of assaults and violence (South Africa) Capacity building for justice staff Practical needs (ex. Costs and transports) Mobile courts (DRC) or transportation facilities; Free Legal Aid (Kirgizstan; Fiji)

16 16 Institutional structures and procedures are often not adequate to take over women’s specific needs Gender mainstreaming in structures and organizations A. Organizations and procedures B. Women service providers C. Specialized Courts D. Gender responsive policing and judicial decision making Example Kenya: Using international law to overcome discrimination in inheritance practices

17 17 NSAs play a key role in fostering and advocating for women’s rights and gender equality in accessing justice Mapping NSAs which need capacity building to support the process of equal access to justice Legal clinics Legal aid/representation Paralegal programmes and legal aid Monitoring (international commitments; use of non formal justice) NSA & Access to Justice - Universities - Bar/lawyers associations - Local NGOs/CBOs - INGOs - Religious/community leaders Non formal justice provision *

18 vi. Entry points for gender equality in Justice sector 18 General Overview 1.Programming: a. gender profile of justice b. dialogue built upon common grounds (CEDAW, BfA, MdG) c. including women’s rights CSOs in dialogue d. defining process and targets for domestication of international standards 2.Identification: GESCi, gender mainstreamed pre-feasibility study 3.Formulation: G-marker, gender mainstreamed logframe, gender impact assessment 4. Implementation: Sex-disaggregated and gender sensitive monitoring system, promote equal opportunities in justice system, targets or quotas for women’s representation in justice (judges, police, etc.) 5. Evaluation: Gender mainstreamed TOR, gender and justice experts in team, etc.

19 19 Entry points for gender mainstreaming 1. Programming 4. Implementation 5. Evaluation + Audit 2. Identification 3. Formulation NIP CSP Identification fiche GeSCi Financing agreement Action fiche GeSCf Annual Operational Plans Monitoring Reports Evaluation Report Audit Country (or Sector) Gender Profile G -marker ‘Engendered’ TOR for evaluation Gender Tools for Result Oriented Monitoring (ROM) 3. Formulation

20 20 1. Programming: Gender profile of justice: defining gender issues to be addressed Dialogue built upon common grounds (CEDAW, BfA, MDG) Including women’s rights CSOs in dialogue Defining process and targets for domestication of international standards

21 21 2. Identification: Have gender equality issues relevant to the project been identified? Are the gender equality issues identified supported by reference to partner government’/EU policy commitments to gender equality? Are statistics for project identification disaggregated by sex? Has qualitative information on gender equality issues been used in the project identification stage? Does the preliminary stakeholders’ analysis clearly identify women and men stakeholders and their respective roles? Does the problem analysis provide information on the problems specific to men and women or common to men and women? Have both women and men been part of the consultative process? Is there a requirement for more-in depth gender analysis to be undertaken? Has the requirement for more in-depth gender analysis been reflected in the tor prepared for the formulation phase? Gender mainstreamed pre-feasibility study GeSC-i (Gender equality Screening Checklist for Project identification Stage)

22 22 3. Formulation: Has a full scale gender analysis been done during the formulation stage? Have gender equality issues relevant to the project been identified? Are the gender equality issues identified supported by reference to the partner government’s/EU policy commitments to gender equality? Are the statistics used for the project formulation disaggregated by sex? Have qualitative information on gender equality issues been used in the project formulation phase? Has the logframe been engendered? Do the management systems established by the project respect the principle of gender equality and equal opportunities? Have all factors potentially affecting the sustainability of gender equality actions been thoroughly addressed? Gender impact assessment GeSC-f (Gender equality Screening Checklist for Project Formulation Stage) G-marker Gender mainstreamed logframe

23 23 4. Implementation: Sex-disaggregated and gender sensitive monitoring system Equal opportunities in justice system Targets or quotas for women’s representation in justice Equal access to justice

24 24 5. Evaluation: Gender mainstreamed TOR Gender and justice experts in team

25 vii. Gender analysis of Democratization 25 Obstacles Regulatory framework Resistance from traditional cultures Women’s multiple roles /reconciliation family and professional life Opportunities Better mainstreaming of gender needs in all policies and sectors Enhanced media role in considering gender issues Political parties considering gender issues in programmes Social acceptance macro meso micro Parliament, Government District/provincial government (service offer); public and private institutions, labour market; intermediate NGOS Local government; grass roots organizations; companies; communities, families (service demand) macro-meso-micro analytical framework

26 26 Representative democracy Political parties, elections, parliaments Participative democracy Access to information and media role Civic participation Democracy: “A system of government by and for the people. Literally means ‘rule by the people’. At a minimum democracy requires (a) universal adult suffrage; (b) recurring free, competitive and fair elections; (c) more than one serious political party; and (d) alternative sources of information. It is a system or form of government in which citizens are able to hold public officials to account” [International IDEA] Example: Barriers to women’s participation in elections

27 viii. Strategies to promote gender equality in democratization processes 27 a. Women’s empowerment b. Awareness raising among political parties c. Capacity building for gender mainstreaming in governmental institutions d. Gender budgeting in state reform and decentralisation e. Quotas f. Role of Women’s Machinery to promote gender equality through democratisation processes

28 Strategies to promote gender equality in democratization processes (a) 28 Women’s and citizens empowerment Capacity to participate in elections and electoral reforms Active participation and networking Capacity to engage policy information and claim rights Capacity to monitor/oversight parliament Example Women in Parliament project

29 Strategies to promote gender equality in democratization processes (b) 29 Awareness raising among political parties UNDP Key suggestions to political parties for including more women in the political process: 1.Adopting a statement on gender equality in the party’s founding documents; 2.Internal quotas for women’s participation and candidature; 3.Setting targets for female participation in party conventions. Can include separate forums for women; 4.Establishing women’s wings and sections within parties; 5.Ensuring that gender is included in all of the party’s policies; 6.Ensuring women are allocated safe seats; 7.Working with civil society organizations to oversee the implementation of quotas; 8.Expanding and training the pool of women candidates; 9.Sharing experiences with other parties across countries and regions; 10.Providing training to women candidates in such skills as fundraising, message development, media relations and communicating with voters; 11.Training and promoting women in campaign leadership positions (e.g. in campaign management); 12.Ensuring women’s visibility in the campaign by providing additional media exposure; 13.Identifying and disseminating party positions that are priorities for women, which could also attract more women’s votes for their party; 14.Monitoring elections, including by recruiting women as party agents to be present at polling stations, particularly if those polling stations are allocated for women only; and 15.Providing information to voters that include specific messages highlighting the importance of women’s votes and women’s right to vote as equal members of society.

30 Strategies to promote gender equality in democratization processes (3) 30

31 Strategies to promote gender equality in democratization processes (c) 31 Capacity building for gender mainstreaming in governmental institutions Public administration Decentralization and local governance Parliamentary Development Electoral bodies

32 Strategies to promote gender equality in democratization processes (d) 32 Gender budgeting in state reform and decentralisation Gender budgeting: restructuring revenues and expenditures to promote gender equality TOOLS FOR GRB: 1. Gender-aware policy appraisal 2. Gender-disaggregated beneficiary assessment 3. Gender-disaggregated public expenditure incidence analysis 4. Gender-disaggregated analysis of the impact of the budget on time use 5. Gender-aware medium term economic policy framework 6. Gender-disaggregated tax incidence analysis 7. Gender-aware budget statements

33 Strategies to promote gender equality in democratization processes (e) 33 Quotas 1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. 2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory. CEDAW Art. 4 Example national level: Rwanda Example local level: India

34 Strategies to promote gender equality in democratization processes (f) 34 Role of Women’s Machinery to promote gender equality through democratisation processes “A national machinery for the advancement of women is the central policy- coordinating unit inside government. Its main task is to support government- wide mainstreaming of a gender equality perspective in all policy areas.” Beijing Platform for Action (Para. 201) Follow–up of international commitments related to gender issues and women’s rights (CEDAW, Peijing PfA, MDGs).

35 EXERCISE ***Find the proper strategies and main target groups*** Which strategy would be the most appropriate to address this problem? 2. To which target group(s) should this strategy be focused? A Women’s empowerment B Capacity Building C Equal Opportunities Policy D Women’s Machinery E Temporary special measures F Gender mainstreaming G Specific Actions to enhance gender equality H Gender budgeting I Political and policy dialogue 1. The fully implementation of CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) is hampered due to lack of awareness and expertise at institutional level (police, courts, lawyers) 2. Gender-disaggregated statistics show that women from rural areas suffer seriously from domestic violence, although there is a low rate of denounce to public authorities. 3. Inheritance rights are hampered by the existence of customary practices: women do not know how to get equal access to and effective control over ownership of land/house. 4. There is a serious underrepresentation of women in local assemblies; women have already received training for political participation at local level, however the traditional local politicians are not willing to share decision making power at community level with women


Download ppt "GENDER, JUSTICE AND DEMOCRATIZATION DEVCO Gender module, 2012 EU Gender Advisory Serivices 2012 1."

Similar presentations


Ads by Google