Gender And The Judiciary In Africa
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Gender And The Judiciary In Africa
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Author : Gretchen Bauer
language : en
Publisher: Routledge
Release Date : 2015-10-30
Gender And The Judiciary In Africa written by Gretchen Bauer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Political Science categories.
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.
Gender Judging And The Courts In Africa
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Author : J. Jarpa Dawuni
language : en
Publisher: Routledge
Release Date : 2021-11-29
Gender Judging And The Courts In Africa written by J. Jarpa Dawuni and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.
Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.
International Courts And The African Woman Judge
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Author : Josephine Jarpa Dawuni
language : en
Publisher: Routledge
Release Date : 2017-11-28
International Courts And The African Woman Judge written by Josephine Jarpa Dawuni and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Social Science categories.
A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.
Intersectionality And Women S Access To Justice In Africa
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Author : J. Jarpa Dawuni
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-10-17
Intersectionality And Women S Access To Justice In Africa written by J. Jarpa Dawuni and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-17 with Political Science categories.
Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.
Judicial Bench Book On Violence Against Women In Commonwealth East Africa
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Author : Commonwealth Secretariat
language : en
Publisher: Commonwealth Secretariat
Release Date : 2017-01-09
Judicial Bench Book On Violence Against Women In Commonwealth East Africa written by Commonwealth Secretariat and has been published by Commonwealth Secretariat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-09 with Law categories.
The Judicial Bench Book on Violence Against Women in Commonwealth East Africa situates VAW in Kenya, Rwanda, Tanzania and Uganda. By placing VAW within the socio-cultural and legal context of the region, the bench book will enhance the ability of judicial officers to handle cases of VAW, both within a human rights as well as a gender perspective.
Reimagining The Judiciary
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Author : Maria C. Escobar-Lemmon
language : en
Publisher: Oxford University Press
Release Date : 2022-01-13
Reimagining The Judiciary written by Maria C. Escobar-Lemmon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Political Science categories.
This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides? To address these questions, the authors built the first cross-national and longitudinal dataset on the appointment of women and men to high courts. In addition, they provide five in-depth country case studies us to unpack the selection of justices to high courts in Canada, Colombia, Ireland, South Africa, and the United States. The cross-national lens and combination of quantitative analyses and detailed country studies examines multiple influences across region and time. Focusing on three sets of explanations —pipelines to high courts, domestic institutions, and international influences- analyses reveal that women are more likely to first appear on their country's high court when traditional ideas about who can and should be a judge erode. In some countries, international treaties, regional emulation, and women's international NGOs play a role in disseminating and linking global norms of gender equality in decision-making. Importantly, while informal institutions and reliance on men-dominated networks can limit access, women are making substantial strides in their countries' highest courts where the supply grows, and often where selectors have incentives to select women. Further, sustained pressure from advocacy organizations-at the local, national, and global levels-contributes to some gains. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterized by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit www.ecprnet.eu The series is edited by Susan Scarrow, John and Rebecca Moores Professor of Political Science at the University of Houston, and Jonathan Slapin, Professor of Political Institutions and European Politics, Department of Political Science, University of Zurich.
Gender And Judging
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Author : Ulrike Schultz
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Gender And Judging written by Ulrike Schultz and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
Judicial Independence In Africa
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Author : Wahab O. Egbewole
language : en
Publisher:
Release Date : 2018
Judicial Independence In Africa written by Wahab O. Egbewole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Africa categories.
At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the 'restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.
When Courts Do Politics
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Author : Joseph Oloka-Onyango
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2017-06-23
When Courts Do Politics written by Joseph Oloka-Onyango and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-23 with Political Science categories.
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.
Women In Public Life Gender Law And Policy In The Middle East And North Africa
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2014-11-27
Women In Public Life Gender Law And Policy In The Middle East And North Africa written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with categories.
This report provides a comparative overview of the policies affecting women’s participation in public life across the MENA region. It examines the existing barriers to women’s access to public decision-making positions, and provides a cross-country assessment of current instruments and institutions.