XV Edition GIZ Law Journal

GERMANY

Regarding women, CIJ can perpetuate traditional and customary roles and hinder the fulfilment of international human rights. Human-rights based justice institutions are a needed for cooperation in the field and states are obliged to respect the international protocols in their judicial sector, no matter if they are state or non-state based. As mentioned above, people value the easy and local access to justice. Women are frequent users of CIJ, since it’s local – hardly any need of physical transportation – and low-cost. But on the other hand, some CIJ hinder women to assert their rights, i.e. if they are not accompanied by a male representative. If a woman is not allowed to be a litigant and needs a male speaker to file a suit, the promotion of Access to Justice through CIJ is reversed. Furthermore, most of the CIJ bodies are male dominated. Women tend to hesitate to assert their rights in intimate and private matters, especially regarding Gender based violence, in a male dominated area. The lack of female representation leads to the assumption, that their needs are not taken seriously. On a substantive level, women may face several impediments asserting their rights in the subjects of marriage (including dowry payments and equality), custody, inheritance, right to own property (especially access to landandhousing) andgender-basedviolence. Even in states with a sophisticated formal state-based justice system, many family issues “outsourced” to customary and religious bodies. IDLO Study To fully make use of the potential of CIJ Systems for women and as part of a new German feminist development policy, the GIZ Sectoral Program Governance supports IDLO to conduct a research study on representation, participation and empowerment of Women in CIJ Systems. We know that women are frequent users of CIJ, but as more and more women become active parts, we

should take a deeper look to the possibilities of women as providers and administrators of CIJ. The study seeks to analyze the main factors which lead to an active participation of women in CIJ as well as the main impedimentswhich hinder women’s participation. A special focus will be put on the possibilities of women not only as consumers of CIJ, but as an active part, as providers and leaders. Are there already existing structures and examples of women led CIJ Systems? What roles do women play in CIJ nowadays? Regarding the protection of Human Rights, the study seeks to find ways to better asses CIJ outcomes for women and girls, respecting their fundamental rights and promote gender equality. Furthermore, it aims to show how the participation of women can strengthen overall acceptance of the rule of law, peace and justice in the community. It will address policy makers and practitioners on a global level, governmental and non-governmental actors, national and international institutions, active in the implementation of SDG 16 and SDG 5. Future View Discussing CIJ is discussing reality. If we take feminist foreign policies seriously, we need to address crucial Human Rights issues such as Women’s Rights in areas wherewomen are present and strengthen their visibility. It is therefore important to continue the research in the field of CIJ and women empowerment to fill the gap of evidence and empirical research which so far exists. This aspect is important, especially for donor agencies, who hesitantly engage in supporting women in CIJ for various reasons stated above. Evaluating the risks and chances is necessary, as supporting alternative dispute resolution systems which violate Women Rights represent a red line for development cooperation. Finally, women as justice providers and administrators could have a great impact towards gender equality and will help women to break out of the position of a mere consumer.

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