publications_unodc_commentary-e

attitudes based on stereotype, myth or prejudice. The judge should, therefore, makeevery effort to recognize, demonstrate sensitivity to, and correct such attitudes.Gender discrimination185. The judge has a role to play in ensuring that the court offers equal access tomen and women. This obligation applies to a judge’s own relationships with parties,lawyers and court staff, as well as to the relationship of court staff and lawyers withothers. Although overt instances of gender bias by judges towards lawyers may notoccur frequently in court today, speech, gestures or other conduct - for example,using terms of condescension in addressing female lawyers (such as “sweetie”,“honey”, “little girl”, “little sister”) or commenting on their physical appearance ordress - that would not be ventured in relation to a male counterpart may be perceivedas sexual harassment. Patronizing conduct by a judge (“this pleading must havebeen prepared by a woman”) undermines the effectiveness of women as lawyers bysometimes diminishing self-esteem or decreasing the level of confidence in theirskills. The insensitive treatment of female litigants (“that stupid woman”) may alsodirectly affect their legal rights both in actuality and appearance. Sexual harassmentof court staff, advocates, litigants or colleagues is often illegal as well as unethical.122