Tool 2: Policing and Gender New York: United Nations; UNECLAC (2018) “Judicial power: Percentage of women judges in the highest court or Supreme Court”, https://oig.cepal.org/en/indicators/judicial-power-percentage-women-judges-highest-court-or-supreme-court (accessed 26 November 2018). Women from marginalized groups – such as lower socio-economic classes or ethnic minorities – are particularly unlikely to be represented in the judiciary or legislature. For instance, in BiH over 60 per cent of judges are women, but no judges are Roma women or men. While originating from a particular background may not automatically counter implicit bias or increase sensitivity, this lack of representation contributes to inhibiting understanding of the challenges, discrimination and violence Roma people suffer in BiH (and elsewhere), and consequently further impedes their access to justice and security. There are limited data and research on the diversity of the judiciary and the legislature in respect of sexuality and people with diverse gender identities and expressions. Nonetheless, in many legal systems it appears that LGBTI people are, at least openly or visibly, only marginally represented, if at all, although their impact can be significant in advancing the rights of LGBTI people where they are present.25 In informal justice mechanisms, women’s representation varies significantly between countries and communities. While these informal structures tend to replicate societal gender power relations, and so can marginalize women, in many instances women do participate and take leadership roles. For instance, in Uganda the law establishing the local council court stipulates that at least two members, including the chair or vice chair, should be women. A justice sector which is more representative of the people it serves is more likely to be fair and responsive to their needs and enjoy their trust and confidence, as is discussed further in Section 3. 2.7 Fulfilment of international obligations Gender equality is enshrined in international law, most prominently through the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and in national constitutions and legislation throughout the world (see Box 3). States are obliged to protect the rights of everyone equally, prevent and combat GBV and gender-based discrimination, and promote gender equality. Gender equality obligations have been developed through a range of UN and regional bodies, and are reflected in the UN Security Council’s Women, Peace and Security (WPS) Agenda, the OSCE Action Plan for the Promotion of Gender Equality and other OSCE commitments.* International human rights law obliges states to safeguard the rights of all people, irrespective of their sexual orientation or gender identity or expression.26 These rights include the right to life; the right to be free from discrimination; the right to be protected from violence, torture and other ill treatment, arbitrary arrest and detention; the right to freedom of expression, association and peaceful assembly; and the right to take part in the conduct of public affairs. These translate as responsibilities on the part of the state to prevent discrimination on the grounds of sexual orientation or gender identity or expression, and to protect people of diverse sexual orientations and gender identities and expressions from hate crimes, violence, torture and other ill treatment, arbitrary arrest and detention. Under international human rights law, states are obliged to decriminalize homosexuality and repeal other laws used to punish individuals on the basis of their sexual orientation and gender identity.27 Over the last decade some specific frameworks have been developed in relation to protecting the rights of LGBTI people, including the appointment of the UN Human Rights Council’s Independent Expert on sexual orientation and gender identity. * See the Toolkit’s Policy Brief, “A Security Sector Governance Approach to Women, Peace and Security”, for further detail of the Women, Peace and Security Agenda. 15