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Abstract:
This study explores the under-representation of women in legal systems and its detrimental impact on achieving gender justice. Women continue to be disproportionately underrepresented in the legal profession, courts, and decision-making positions, notwithstanding advancements in gender equality. Social conventions discourage women from pursuing legal jobs by portraying the legal profession as a male domain. Women are further marginalized by institutional prejudices in the legal system due to hostile work conditions, discriminatory hiring practices, and a dearth of gender-sensitive regulations. There are severe repercussions to this under-representation. It creates an impression of prejudice towards men and calls into question the validity of legal structures. The absence of women's distinct experiences and viewpoints in the legislative process results in laws that might not sufficiently address gender-related concerns. Due to their difficulty in finding appropriate representation for their problems, women's access to justice is further impeded. Increasing the number of women involved in the legal system would help us go closer to attaining gender justice and creating a more equal society overall.
The under-representation of women in legal systems is a longstanding and widespread problem that has significant global ramifications for gender justice. Women are still disproportionately underrepresented in the legal profession, the court, and decision-making positions within justice institutions, even in light of advances in gender equality in other domains. The lack of mention of gender-based issues in legal frameworks and their ability to provide equal treatment under the law is seriously called into doubt. This imbalance is a result of institutional impediments, sociocultural norms, and economic inequities, all of which reinforce systemic biases and impede the advancement of gender equality. Formulating solutions to advance gender equity and provide fair access to legal remedies for all genders requires understanding the underlying causes and consequences of women's absence from justice systems. This study examines the various facets of women's under-representation in the legal system, discusses the implications for gender justice, and makes doable suggestions for promoting greater equality and inclusion in the legal framework.
Historical Background
Historically, due to societal norms, women are restricted from working and giving their best in law, and men best suit the justice system to provide justice inclined towards men. Gender stereotypes portray women as incompetent to be professionals in the field of law. The belief that women are fundamentally less adept or competent in questions of law and government is also reinforced by cultural ideas around gender roles. These beliefs further deter women from choosing professions in law since media portrayals, curricula in schools, and cultural norms reinforce them. These social and cultural barrier divides make the legal profession unwelcoming to women and prevent them from moving up the judicial hierarchy.
Institutional Challenge
In addition to sociocultural impediments, institutional elements within justice systems also play a crucial role in the marginalization of women. Gender prejudices that are firmly ingrained in recruitment and promotion procedures systematically penalize women in the legal profession and judicial positions. Even with advancements in gender equality, many establishments continue to give preference to male applicants, which keeps women underrepresented in the legal system at all levels. The work cultures in justice institutions frequently encourage sexist and harassing situations, which discourages women from pursuing or advancing in legal jobs. In addition to undermining women's career goals, the pervasiveness of hostile treatment and discrimination based on gender also erodes their confidence and sense of belonging in the legal profession. In addition, women's alienation within these organizations is made worse by the lack of gender-sensitive policies and support networks.
The neglect of gender-specific issues, such as work-life balance and family obligations, further supports the idea that the legal profession is unwelcoming to women. These institutional issues impede the advancement of gender equality by maintaining the underrepresentation and marginalization of women in the legal system. To address these systemic problems and support women's progress in the legal profession, comprehensive reforms that aim to eradicate discriminatory practices, promote inclusive workplace environments, and establish gender-sensitive regulations are required.
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Implications
The lack of representation of women in the legal system has significant consequences for gender justice, as it undermines the validity and credibility of legal frameworks. Systemic biases continue, and other viewpoints are ignored when women are underrepresented in the legal profession, the judiciary, and decision-making positions within justice institutions. The public's confidence in the fairness and impartiality of legal systems is undermined by this disparity, which supports the idea that justice is fundamentally prejudiced in favour of men. Furthermore, women are not sufficiently represented and involved in formulating laws and regulations. In that case, they may fail to take into account the unique needs and experiences of women, which would serve to solidify gender inequality in society further.
The lack of female representation in the legal system undermines their capacity to adequately address discrimination, gender-based violence, and other types of injustice that affect women. Women's distinct viewpoints and experiences are essential for comprehending the subtleties of gender-based problems and developing suitable legal remedies. Without their involvement, legal systems might not be able to identify and address the structural obstacles and cultural norms that support discrimination and gender disparity. Women can, therefore, still have difficulties getting access to the legal system and seeking compensation for rights abuses.
Gender justice cannot be achieved because of the under representation of women in the legal system. It emphasizes how critical it is to implement structural changes to support gender equality within legal frameworks, such as steps to boost the proportion of women in the legal profession and decision-making positions within justice organizations. Societies can go closer to implementing the ideas of gender justice and promoting inclusive and equitable societies for people of all genders by ensuring that women have equal access to the legal system and actively participate in its development.
In conclusion, attaining gender justice is severely hampered by the under representation of women in the legal system. This longstanding problem is caused by sociocultural norms, institutional impediments, and economic disparities that impede the advancement of gender equality and reinforce systemic biases. Wide-ranging effects result from women's exclusion from the legal system, including diminished legal framework legitimacy and hindered attempts to address gender-based concerns effectively. Comprehensive reforms are required to promote gender equity and guarantee equal access to legal remedies for all genders.
This entails combating discriminatory behaviours, promoting welcoming work environments, and putting gender-sensitive regulations in legal organizations in place. Society can step toward achieving gender justice and building a more inclusive and equitable society for all by encouraging more women to practice law, participate in legal professions, and hold decision-making positions in justice groups.
References:
United Nations Office on Drugs and Crime. (n.d.). Crime Prevention & Criminal Justice Module 9 Key Issues: Topic 1. https://www.unodc.org/unodc/press/releases/2023/March/the-united-nations-office-on-drugs-and-crime-and-un-women-join-forces-for-gender-equality.html
Thematic Brief: Gender and Access to Justice [Web page]. Retrieved from https://eugender.itcilo.org/toolkit/online/story_content/external_files/TA_Justice.pdf
Council of Europe [Council of Europe]. (n.d.). Understanding barriers to women's access to justice and legal aid in Türkiye. https://rm.coe.int/understanding-barriers-to-women-s-access-to-justice-and-legal-aid-in-t/1680a967d7
Daruwala, M. (2022, May 13). Can a justice system without women bring justice to women?. Indian Express. URL: https://indianexpress.com/article/opinion/columns/can-a-justice-system-without-women-bring-justice-to-women-9201993/
*This article is authored by Simreen Kochhar, Student of Symbiosis Law School, Noida and reviewed by Sanya Kaushik, Associate Editor, Lawpinion.
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