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Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.
Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges ́ schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.
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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.
Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.
This publication reinforces the need for ongoing strategies to ensure continuing reform of the legal system in relation to judicial attitudes towards women and includes essays by Professor Kathleen Mahoney, the Honourable Duncan Kerr MP, Justice Elizabeth Evatt, Moira Rayner, Justice Jane Matthews, Chief Judge Waldron, Magistrate Jennifer Coate, Deborah Cass, Justice Deidre O’Connor, Magistrate Jelena Popovich, Beth Wilson, Therese McCarthy, Chief Justice Alastair Nicholson and Dr Jocelynne Scutt.
What the experts said about ‘Educating Judges’: • ‘A comprehensive review of judicial education ... an extremely valuable work.’ - Sir Anthony Mason, Chief Justice of Australia • ‘Truly a seminal work which sets the best practice for the field.‘ - Dr Charles Ericksen, Vice-President, NCSC, USA • ‘A most masterly survey of the field.’ - Professor Martin Partington, Judicial Studies Board, England • ‘Thorough, well argued and comprehensive; offers substantial insight at many points.’ - Professor John K. Hudzik, Director, JERITT, USA • ‘A substantial piece of work ... and a significant contribution.’ - Professor Peter Sallmann, Executive Director, AIJA, Australia • ‘Sophisticated and mature treatment of a vital area of public education.’ - Emeritus Professor J. E. Thomas, University of Nottingham, England • ‘Invaluable ... contains a wealth of material and references’ - Judge John Goldring, Dean of Law, University of Wollongong, Australia About this Second Edition: 2015 Brill|Nijhoff is delighted to republish Educating Judges, the seminal monograph in the field of judicial education. First published in 1996, this book enables judicial educators to develop a more effective pedagogy by focusing on the distinctive learning needs, styles and preferences of judges, and deepening understanding of judges as learners. Much has happened since then. Over the past twenty years, judicial education has grown very substantially around the world in both size and sophistication. It is now well established in many countries and is seen as an essential component of modern concepts of justice. In addition to providing new entrants an opportunity to read this classic text, this second edition enables readers to gauge what has happened – or not – in the world of judicial education over the past two decades. This new edition reports on the findings of the first ever survey conducted of leading judicial educators around the world. In doing so, it examines the state of judicial education across a range of issues, including: • significant recent developments, • major institutional issues and challenges, • trends in professionalizing the practice, • evolving goals, curricula, methodologies and approaches, • building knowledge through research, evaluation and networks, • impact and applications of information technology; • use of judicial training in official development assistance; and • how globalisation is affecting the education of judges.