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Gender and Security Toolkit
victims, witnesses, alleged perpetrators, complainants or respondents; to people as rightsholders in society; and to people working in the justice sector. Responsiveness means that
the law and formal and informal justice providers will be responsive not only to the demands
and needs of dominant or privileged groups within society, but will recognize (through
expression in the law) and respond to (by implementing the law) harms experienced by
marginalized groups, including women and LGBTI individuals.
When people come into contact with the criminal justice system, being responsive to the
different needs of women, men, girls, boys and LGBTI individuals means that professionals
in the justice sector are trained and knowledgeable about the types of experiences likely
to have led to this contact and the needs that are likely to follow. It means that justice
systems have processes and resources in place to identify and meet individuals’ needs (such
as for counselling, or referral to healthcare or social and housing support). It means having
people, policies and processes in place to ensure that the specific context, experiences and
needs of each person in each case are understood and gender bias is avoided. This means
judges and prosecutors, as well as others who work in the criminal justice system, are aware
of and reflect upon their own, as well as societal, biases or perspectives.
Responsiveness is connected to inclusivity and representation (section 3.1). A justice sector
which is representative of the people it serves, especially at the most senior levels, is
also more likely to be responsive to their needs. It is not, of course, a given that a more
representative judiciary will be more responsive to the needs of a more diverse community.
This is particularly the case if policies and processes are not in place to ensure, for example,
that women are able to remain working in the sector (even when they have children),
have opportunities to progress their careers and, moreover, have influence and power to
effect change. However, increasing the number of female judges can create environments
in the courtroom more conducive to access to justice for women. For instance, research
has shown that when there has been a female judge, defence lawyers have been more
respectful when questioning female witnesses in the International Criminal Tribunal for
the Former Yugoslavia, and those female witnesses have spoken more freely.1 In informal
justice mechanisms, the same can be true. Female judges in Rwandan gacaca courts have
encouraged women to report GBV, which is frequently not reported because of the stigma
associated with being a victim.2
A justice sector which is representative and responsive is more likely to enjoy broad-based
public trust and confidence and be considered legitimate.
3.3 Ensures equal access to justice
A justice sector that integrates a gender perspective and advances gender equality will
ensure equal access to justice by men and women. Access to justice has the following
characteristics:
Ê Women and men who are poor can seek and obtain legal remedies, if necessary, using
an effective and well-resourced legal aid programme.
Ê Men and women who live in remote or rural areas can seek and obtain legal remedies
without needing to sacrifice care or other work responsibilities. They might use mobile
or remote courts and/or technology to do this.
Ê Women and men who cannot read and/or access the internet are nevertheless aware
of their rights and know how to assert them. The government has invested in outreach
and communication campaigns.
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