6
Gender and Security Toolkit
a “justice sector” refers to a judicial system, executive authorities and oversight bodies, as
described in the top three boxes in Figure 1.
Figure 1: Elements of the justice sector
A judicial system and associated personnel and agencies
For example: courts and judges, as well as lawyers, defence and prosecution services,
state legal practitioners, bar associations, legal aid bodies and public representation
programmes, paralegals, court personnel (such as bailiffs and ushers) and military justice
systems, as well as alternative dispute resolution mechanisms such as tribunals,
mediation services and community-based resolution mechanisms, where they exist.
Executive authorities responsible for justice sector administration and management
For example: usually a justice ministry or department that is functionally independent
from the judiciary. Finance authorities and audit agencies also play a role in ensuring
efficiency and accountability.
Institutions responsible for justice sector oversight
For example: parliamentary committees and independent oversight authorities such as
judicial councils, judicial services and law commissions, as well as independent
oversight institutions with a broader remit such as ombuds-institutions, human rights
commissions and anti-corruption commissions.
Agencies responsible for law enforcement*
For example: police in all jurisdictions, but also general regulatory bodies, customs
and border authorities, intelligence services, civil emergency services and sometimes
commercial security contractors, among others.
Agencies responsible for carrying out sentencing and rehabilitation
For example: prisons, corrections and detention authorities (including administrators and
prison guards); social, medical and mental health services specifically serving the justice
sector; and authorities overseeing pretrial detention and community-based sentencing,
often including customary and traditional authorities or commercial companies.
In some countries people primarily access justice through non-state justice providers,
particularly where state services lack reach, capacity or legitimacy. Non-state justice
providers can be more accessible, affordable, trusted and transparent, and can provide a
swifter and fairer response. However, they can also be discriminatory or exclusionary, and,
like state structures, often replicate and reinforce dominant power structures and gender
bias. For instance, non-state justice providers in parts of the Democratic Republic of the
Congo have regarded rape as an attack on the family’s honour rather than on the woman,
and so perpetrators provide reparations only to the family of the victim.
Countries emerging from conflict or authoritarianism may utilize transitional justice
processes to deal with serious and massive violations of human rights and re-establish the
rule of law. Transitional justice can provide redress for large-scale violations and identify
avenues to address the root causes of violence and repression, including gender inequality.
* Agencies responsible for law
enforcement are addressed in
Tools 2, 6 and 14. Prisons and
other places of deprivation
of liberty are addressed in
Tool 5.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents