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Gender and Security Toolkit
In Bangladesh, efforts to promote more gender-inclusive and responsive community justice
mechanisms (shalish) to improve outcomes for women highlight the long-term, multipronged
approach required. While women’s access to and influence within shalish remain somewhat
restricted, progress has been made through the long-term engagement of civil society actors
alongside institutional and legal reform, for instance to require that a woman is present for
cases involving women or children. Civil society actors, notably the social mobilization NGO
Nagorik Uddyog, have worked for decades to build women’s leadership through training
and creating networks, and facilitate alternative NGO shalish in which these women leaders
mediate. This has been instrumental to women’s participation in shalish.25
4.13 Strengthening gender-responsive internal and external
oversight of the justice sector
To enhance accountability and help ensure the justice sector promotes gender equality and
non-discrimination, robust gender-responsive oversight mechanisms need to be in place.
These should include internal oversight mechanisms (such as monitoring and disciplinary
and complaints mechanisms within the justice sector) and external oversight mechanisms
(through parliamentary committees, civil society actors, the media, ombuds offices and other
stakeholders).
Internal oversight
Internally, robust and effective disciplinary policies and procedures (including a code of
conduct for both judges and lawyers) need to be in place and contain provisions which
prohibit discrimination or harassment on the basis of sex, sexual orientation or gender
identity. There should be trusted processes by which to challenge and repress sexist
practices among the legal profession and judges. Such processes may include complaint
mechanisms through regulatory bodies such as judicial commissions, law societies and
bar associations. Members of the judiciary and legal practitioners need to be subject to
mandatory training on these codes of conduct and how to adhere to them. Professional
membership bodies (e.g. law societies and bar associations) can ensure that lawyers comply
with their obligations to undergo continuous professional development (i.e. training) and
understand their professional conduct obligations (including ethics). In addition, there
needs to be an independent authority which regulates the conduct of judges and lawyers
and handles complaints made against them. This might be a separate commission, such as
a legal services commission; the type and specific name of the regulatory authority vary
between countries and legal systems.
Complaints mechanisms should be accessible to women and men of all sexual orientations
and gender identities and expressions, and the handling of complaints and investigations
should be responsive to their specific needs. This can be facilitated by policies and protocols
developed through consultation with these groups.
Complaints against judges are dealt with differently from complaints against lawyers, and
in many legal systems are rare. Complaints against judges can be made on the grounds of
judicial bias: if a party to a court case has a reasonable suspicion of bias, it may be grounds
for judicial review or appeal to a higher court. Oversight of judges is thus not carried out
by an external authority, but generally by higher courts in the legal system. In some legal
systems judges have membership bodies which can provide guidance but do not have any
disciplinary authority.
A ministry or department of justice, or similar governmental agency, is responsible for
overseeing the administration of justice. As such, it plays a role in overseeing the courts –
but is constrained by principles of judicial independence.
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