Gender and the Rule of Law in Theory and Practice: Challenges and Prospects for Strengthening Women's Access to Justice in Gender-Based Violence Cases

Beninger, Christina

Gender and the Rule of Law in Theory and Practice: Challenges and Prospects for Strengthening Women's Access to Justice in Gender-Based Violence Cases

Thesis / Dissertation

2023

Abstract

The rule of law is increasingly viewed at the global policy level as essential to human rights, justice and development. Rule of law reform programming is now a core part of development efforts led by the United Nations and other actors in more than 150 countries around the world. Yet, the rule of law in both theory and practice is subject to a range of critiques and contested interpretations. Despite the prominence and prevalence of the rule of law both as a normative value and a priority area of development assistance, in reality an enormous justice gap exists globally, especially for women. Although feminist critiques highlight concerns about how the rule of law works for women, gender gaps persist in rule of law literature. This thesis adopts a feminist lens and draws on international human rights frameworks to critically investigate how gender, and specifically the gendered dimensions of access to justice for women, is considered and integrated in the rule of law in theory and practice. Given the prevalence of gender-based violence against women (GBV), increasingly recognized at international legal and normative policy levels as one of the world's most pervasive human rights violations, and the endemic challenges with accessing justice for women in GBV cases, the thesis applies a thematic focus to this issue. Linking theory with practice, the thesis presents original qualitative research from both local and global levels, drawing on diverse perspectives from rule of law practitioners and gender experts. A unique in-depth case study from Myanmar, a transitional and conflict-affected context, provides insights into the diffuse, plural justice continuum women must navigate to seek justice in GBV cases, encountering barriers at every step. The research findings demonstrate that there is evidence of growing attention to gender issues, and especially women's access to justice, in rule of law policy and programming, although gaps between rhetoric and reality persist. Significant challenges include male-dominated patriarchal legal and political systems that tend to show little political will for integrating gender into rule of law programs. Discriminatory social and cultural norms overarch and shape experiences of and responses to GBV cases and attempts to seek justice, and impede efforts to strengthen women's access to justice and gender integration in rule of law programming. The thesis findings identify key features of the process and actors involved in the multidirectional process of promoting and resisting normative change related to gender and the rule of law. Finally, iv the thesis identifies a proposed framework of key approaches to integrate gender into rule of law programming, aiming to contribute towards bridging the global gender justice gap.

Keywords

Law

Reference:

Collections

PhD / Doctoral

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