Intersectionality and Women’s Access to Justice in Africa

Intersectionality and Women’s Access to Justice in Africa
Author: J. Jarpa Dawuni
Publisher: Rowman & Littlefield
Total Pages: 441
Release: 2022-10-17
Genre: Political Science
ISBN: 1793632685

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Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.

Engendering Access to Justice

Engendering Access to Justice
Author: Joyce Brown
Publisher:
Total Pages:
Release: 2014-10-16
Genre:
ISBN: 9780983380139

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Report from the Huairou Commission on the results of community-based research in seven African nations on innovative ways grassroots women address key development challenges by restoring land justice and ending gender-based violence.

African Women Judges

African Women Judges
Author: J. Jarpa Dawuni
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2025-02-11
Genre: Political Science
ISBN: 9783031722745

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This edited volume centers the voices of African women judges as agents of justice and equality. The legal and personal narratives approach in the book privileges the contributors’ lived experiences, professional trajectories, contributions and challenges. The legal narrative storytelling approach also contributes to oral histories of African indigenous knowledge production and transfer. By highlighting the substantive representation of women in African judicial leadership, the chapters examine their impact on the development of jurisprudence, judicial administration, and contributions to the rule of law, access to justice, and women's rights in contemporary Africa. This book significantly contributes to the diversity of knowledge and representation in the global discourse on gender and judging, offering a novel contribution to the growing literature on African women judges.

Intersectional Discrimination

Intersectional Discrimination
Author: Shreya Atrey
Publisher: Oxford University Press
Total Pages: 256
Release: 2019-09-19
Genre: Law
ISBN: 0192588834

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This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

Empowering Women

Empowering Women
Author: Mary Hallward-Driemeier
Publisher: World Bank Publications
Total Pages: 237
Release: 2012-10-04
Genre: Social Science
ISBN: 0821395343

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This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.

Gender, Poverty and Access to Justice

Gender, Poverty and Access to Justice
Author: David Lawson
Publisher: Routledge
Total Pages: 211
Release: 2020-06-01
Genre: Business & Economics
ISBN: 1315407086

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Access to justice is a fundamental right guaranteed under a wide body of international, regional and domestic law. It is also an essential component of development policies which seek to adequately respond to the multidimensional deprivations faced by the poor in order to improve socio-economic well-being and advance the progress of the Sustainable Development Goals. Women and children make up most of Africa’s poorest and most marginalized population, and as such are often prevented from enforcing rights or seeking other recourse. This book explores and analyzes the issue of gendered access to justice, poverty and disempowerment across Sub-Saharan Africa (SSA), and provides policy discussions on the integration of gender in justice programming. Through individual country case studies, the book focuses on the challenges, obstacles and successes of developing and implementing gender focused access to justice policies and programming in the region. This multidisciplinary volume will be of interest to policy makers as well as scholars and researchers focusing on poverty and gender policy across law, economics and global development in Sub-Saharan Africa. Additionally, the volume provides policy discussion applicable in other geographical areas where access to justice is elusive for the poor and marginalized.

Gender and the Judiciary in Africa

Gender and the Judiciary in Africa
Author: Gretchen Bauer
Publisher: Routledge
Total Pages: 215
Release: 2015-10-30
Genre: Political Science
ISBN: 1317516494

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Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

On Intersectionality

On Intersectionality
Author: Kimberle Crenshaw
Publisher:
Total Pages: 480
Release: 2019-09-03
Genre: Law
ISBN: 9781620975510

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A major publishing event, the collected writings of the groundbreaking scholar who "first coined intersectionality as a political framework" (Salon) For more than twenty years, scholars, activists, educators, and lawyers--inside and outside of the United States--have employed the concept of intersectionality both to describe problems of inequality and to fashion concrete solutions. In particular, as the Washington Post reported recently, "the term has been used by social activists as both a rallying cry for more expansive progressive movements and a chastisement for their limitations." Drawing on black feminist and critical legal theory, Kimberlé Crenshaw developed the concept of intersectionality, a term she coined to speak to the multiple social forces, social identities, and ideological instruments through which power and disadvantage are expressed and legitimized. In this comprehensive and accessible introduction to Crenshaw's work, readers will find key essays and articles that have defined the concept of intersectionality, collected together for the first time. The book includes a sweeping new introduction by Crenshaw as well as prefaces that contextualize each of the chapters. For anyone interested in movement politics and advocacy, or in racial justice and gender equity, On Intersectionality will be compulsory reading from one of the most brilliant theorists of our time.

Human Rights Based Approaches to Development

Human Rights Based Approaches to Development
Author: Susanna Wing
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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Human rights based approaches (HRBA) to development by scholars and practitioners alike have led to the expansion of laws protecting women's rights in Africa, particularly in the realm of family law. The paradox is that the increase in laws has not resulted in greater equality and justice for women. To be sure, the implementation of new laws will inevitably take time. There are two important consequences of HRBA in Africa: 1) a growing gap between law-in-the-books and law-in-practice and 2) a backlash, in some cases, against woman-friendly family laws. This paper explores challenges to access to justice for women in various African countries. It considers the context of legal hybridity in Africa and how this influences women's access to rights. It examines pathways to the protection of women's rights, including the Protocol to the African Charter for Human and People's Rights on the Rights of Women in Africa and programs that promote the training of paralegals as a method of increasing access to justice. The paper argues that “African” mechanisms such as the Protocol and paralegals are important elements to women achieving sustainable access to rights. Paralegals are an integral part of the justice chain. Their familiarity with community norms, as well as legal awareness, makes them crucial to bridging the gap between the law-in-the-books and law-in-practice. As legal reforms take place across Africa, paralegals, properly trained in the new laws, may offer the best opportunity for helping individuals access justice in ways that do not alienate them from their communities.

The Handbook of Race, Ethnicity, Crime, and Justice

The Handbook of Race, Ethnicity, Crime, and Justice
Author: Ramiro Martinez, Jr.
Publisher: John Wiley & Sons
Total Pages: 582
Release: 2018-09-12
Genre: Social Science
ISBN: 1119114012

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This Handbook presents current and future studies on the changing dynamics of the role of immigrants and the impact of immigration, across the United States and industrialized and developing nations. It covers the changing dynamics of race, ethnicity, and immigration, and discusses how it all contributes to variations in crime, policing, and the overall justice system. Through acknowledging that some groups, especially people of color, are disproportionately influenced more than others in the case of criminal justice reactions, the “War on Drugs”, and hate crimes; this Handbook introduces the importance of studying race and crime so as to better understand it. It does so by recommending that researchers concentrate on ethnic diversity in a national and international context in order to broaden their demographic and expand their understanding of how to attain global change. Featuring contributions from top experts in the field, The Handbook of Race and Crime is presented in five sections—An Overview of Race, Ethnicity, Crime, and Justice; Theoretical Perspectives on Race and Crime; Race, Gender, and the Justice System; Gender and Crime; and Race, Gender and Comparative Criminology. Each section of the book addresses a key area of research, summarizes findings or shortcomings whenever possible, and provides new results relevant to race/crime and justice. Every contribution is written by a top expert in the field and based on the latest research. With a sharp focus on contemporary race, ethnicity, crime, and justice studies, The Handbook of Race and Crime is the ideal reference for advanced undergraduate students, graduate students, and scholars interested in the disciplines such as Criminology, Race and Ethnicity, Race and the Justice System, and the Sociology of Race.