Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

94 PRACTITIONERS GUIDE No. 12
status, family, marriage and inheritance law, and across
all areas of law”. 232
The role of judges in enforcing the rule of law relating to
gender equality
Legal guarantees of equality should be adjudicated and
enforced by a diverse judiciary with an accurate view of what
equality and discrimination mean to women. Reporting to the
General Assembly about women’s representation in the
judiciary, the Special Rapporteur on the independence of
judges and lawyers has noted that:
And:
“Women are still largely underrepresented in judicial
office and in the legal profession throughout the world,
in particular in the highest-level positions; this
undoubtedly reflects institutionalized gender
discrimination within the justice system...
“Women appointed to office also have to face bias and
discrimination from their colleagues and society at large
on the basis of assumptions about their gender. Their
behaviour is scrutinized and harshly criticized, their
qualifications are more frequently questioned than those
of their male colleagues, and their objectivity is more
likely to be challenged. Women are often restricted or
pushed to working on “low-profile” cases, in areas of the
law that are traditionally associated with women, like
family law, or confined to working in the lower
courts.” 233
“There are several rationales that exist to explain the
importance of increased representation of women in the
judiciary. Since a primary function of the judiciary is to
232
CEDAW General Recommendation No 33, “General
recommendation on women’s access to justice”, UN Doc
CEDAW/C/GC/33 (2015), paragraph 42(a).
233
Report of the Special Rapporteur on the independence of judges
and lawyers, UN Doc A/66/289 (2011), paragraphs 23-24.