Gender Integration

MODULE 3: INTEGRATING
GENDER INTO RULE OF LAW AND
JUSTICE SECTOR PROGRAMMING
The rule of law (ROL) is a key element of
democracy and good governance. It requires the
promulgation, dissemination, and implementation
of laws and systems to guarantee human rights,
regulate accountability of individuals and institutions,
and create and reinforce new norms.
USAID identifies five key elements of the rule of law: order
and security, legitimacy, checks and balances, fairness, and
effective application. The justice sector operationalizes the
rule of law through both the legal framework and justice
sector institutions and actors, such as the police, prosecutors,
judiciary, and legal practitioners. Even when the law is
neutral in theory, in practice laws often reflect and reinforce
inequality. Citizens’ experience with the justice sector and
access to justice is often deeply influenced by their identities.
The most vulnerable members of society, including women,
ethnic and religious minorities, lesbian, gay, bisexual, transgender,
and intersex (LGBTI) individuals, people with disabilities,
youth, and the poor, are more likely to be marginalized within
the justice sector and have the least access to justice. Justice
systems—and society as a whole—may be completely transformed
when rule of law and justice sector programs integrate
gender and take into account the barriers that women and
men face, including discrimination, inequality, poverty, and lack
of education or rights awareness. Gender-responsive ROL and
justice sector programming, both within formal and informal
or customary justice systems, fosters greater equality and
empowerment, access to justice, and promotion of human
rights, which in turn helps further inclusive democracy in
support of our objectives under USAID’s DRG Strategy.
In many countries, such as Afghanistan, Bangladesh, and
Burundi the majority of local disputes are addressed through
traditional, informal justice systems.
SECTION I. Guiding Questions for Gender
Analysis in Rule of Law and Justice Sector
Programming
Legal Framework, Policies, and Justice Systems
• What is the legal framework governing rights, responsibilities,
and access to justice? To what degree is domestic
law fully harmonized with international and regional treaty
obligations with particular regards to women’s rights and
gender equality?
• How are women’s rights and gender equality represented in
the constitution? How are key legal areas such as family and
marital law, inheritance and property law, and laws related
to gender based violence (GBV) addressed?
• Are there legal protections against abuses of power such
as sexual harassment or sexual exploitation, sometimes
referred to as “sextortion” 1 , a form of corruption in which a
person in a position of authority makes an implicit or explicit
demand to engage in any form of unwanted sexual activity
in a quid pro quo exchange?
• How widely understood and enforced are women’s
legal rights and policies related to family law, inheritance,
property, and GBV?
• What is the minimum legal age to marry for boys and girls?
And, what are the traditional practices regarding marriage?
• Are there specialized courts or other judicial mechanisms
with jurisdiction to address violence against women and
girls or other matters of primary concern to the rights
of women?
• How are children’s best interests given primary consideration,
such as in actions taken by courts of law, administrative
or other authorities, including non-state actors?
• What informal justice systems, such as customary, tribal,
religious, or traditional law, exist? To whom and under what
circumstances do these informal systems apply? Do they
treat women, youth, and traditionally marginalized groups
30 USAID | Gender Integration in Democracy, Human Rights, and Governance (DRG) Programming Toolkit