1. Overview
1.1 Background
A decade has passed since the publication of the DCAF, OSCE/ODIHR and UN-INSTRAW
Gender and Security Sector Reform (SSR) Toolkit, including its Tool on Justice Reform and
Gender. Over the past decade significant strides have been made towards more genderresponsive and equitable service delivery in the justice sector. Today, in many countries,
there is greater representation of women in the judiciary, a greater understanding of the
way in which gender bias operates in the justice sector and a more concerted effort to
ensure the law and its application are gender-responsive and not discriminatory. However,
there is a long way to go; indeed, in recent years there has been regression in a number of
countries, with changes in legislation and policy that expose women to violence.
Access to justice is a basic principle of the rule of law and a key human rights safeguard,
enabling the enjoyment of a range of human rights. Access to justice is also an essential
component of sustainable development, recognized in Sustainable Development Goal
(SDG) 16. Where the law or the justice system discriminates against women, men, girls or
boys (or groups within these groups), or discriminates on the basis of sexual orientation
or gender identity, access to justice is compromised. Where the law or justice systems do
not take into account gendered economic, structural and cultural barriers, access to justice
is compromised. This can be compounded when the justice system is not representative of
the people it serves. Where the rule of law has been weakened by conflict, access to justice
becomes even more difficult for those experiencing gender-based discrimination. The result
is impunity for perpetrators of crimes, and certain groups within society being vulnerable
to violence, harm and discrimination. Such violence, harm and discrimination feed and are
fed by gender inequality, and undermine prospects for security, development and peace for
communities and the broader society.
A primary manifestation of gender inequality in the justice sector, and more broadly in
access to justice, is the longstanding and historically rooted discrimination against and
exclusion of women from the justice system. It should also be acknowledged that gender is
not just about women, it is also about men and dominant masculinities. Efforts to promote a
more gender-responsive justice sector will benefit not just women but also men. Integrating
a gender perspective can, for example, challenge cultural norms which associate men with
violence.
This new DCAF, OSCE/ODIHR, UN Women Gender and Security Toolkit draws together the key
lessons of the past decade in promoting gender equality in security and justice. Its aim is
Image: More than 25 rural
courts judges and tribal leaders
from North Darfur participated
in the workshop on human
rights organized by UNAMID in
collaboration with North Darfur
Executive Office of Native
Administration in El Fasher
© Albert González Farran/
UNAMID.