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Gender and Security Toolkit
Ê Some laws affect women disproportionately and unjustly; for example, laws prohibiting
adultery in countries where polygamy is allowed for men but not women.
Ê Sentencing practices may affect women disproportionately and unjustly. For instance,
in most jurisdictions heavy sentences are imposed on “drug mules” (who are frequently
women, often motivated by extreme poverty).17 In contrast, arguably light sentences
are often given for rape and other serious crimes involving GBV (where the victim is
usually a woman or girl).18
Ê As discussed in sections 2.3 and 2.7, in some countries homosexuality is criminalized.
There is also explicit gender discrimination in evidentiary practice in some legal systems.
For instance, in some countries where Sharia law is in force, the testimony of a woman is
regarded in certain circumstances or courts as holding half the weight of that of a man.
Practices in other legal systems, too, are affected by religious values. For instance, research
has shown that evangelical Supreme Court justices in the United States tend to vote more
conservatively on issues such as gender discrimination.19
Amending laws which contain implicit or explicit discriminatory provisions can be a
significant step in protecting human rights and promoting justice and equality.
2.5 Access to justice and gender equality are mutually
reinforcing
Access to justice is recognized in international human rights law as a basic human right
and a means to protect other human rights. It is a means by which people can seek and
secure a fair, swift and just remedy through affordable, effective and accountable formal and
informal justice mechanisms, which conform with international human rights standards and
which respond to the specific needs of the individual concerned. Access to justice means
different things in different contexts; it may relate to appearing physically before a court,
to the appropriate prosecution of a crime or to the protection of a right, such as socioeconomic rights.
Because of gendered inequalities, access to justice is often compromised for women and
LGBTI people for a wide and intersecting range of reasons, some of which are as follows.
Ê Lack of awareness – about their rights and how to exercise them.
Ê Gender bias and social norms – which can lead to victims not pursuing cases for fear
of how they will be treated within the justice system (see section 2.3), and associated
fear of societal stigma.
Ê Discriminatory laws – including family law, property/land law and inheritance law
which give wives or non-married partners few social and economic rights, and criminal
law which fails to recognize LGBTI people fully (see section 2.6).
Ê Institutional factors – such as ineffective witness protection or failure to issue
protection orders.
Ê Socio-economic factors – structural inequalities often mean that women are more
likely to be socio-economically disadvantaged and thus unable to afford justice (such
as the cost of hiring a lawyer, travelling to court, paying for childcare, taking time
off work or bribing a court official in societies where corruption is rampant). In many
countries legal aid programmes are underfunded, and where legal aid is available it
may be based on household income, which can discriminate against women.
Obstacles in the way of access to justice are often compounded when women or LGBTI
people are from an ethnic or religious minority group, displaced, elderly, have disabilities
and/or live in rural or remote areas. For example, Roma women in Southeastern Europe
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