Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
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Abstract<br />
The aims of this paper are two-fold: to uncover barriers to equality in legal systems that restrict human rights along<br />
gender lines – patent <strong>and</strong> latent; <strong>and</strong> to propose possible ways to redress legal discrimination for accelerating human<br />
development.<br />
The focus of evidence is from countries of <strong>Asia</strong>-<strong>Pacific</strong>. However, given widespread gender-linked gaps in justice systems,<br />
<strong>and</strong> similarities of legal challenges posed, the paper is expected to be relevant also for other similarly placed countries.<br />
<strong>Asia</strong>-<strong>Pacific</strong> has some extreme forms of discrimination <strong>and</strong> violence, not seen elsewhere, that prosperity has not been<br />
able to eliminate. Despite being one of the world’s most economically dynamic regions with broad policy consensus<br />
around ‘inclusiveness’, exclusion on the basis of gender has continued to persist not just in fact, but also in law.<br />
The motivation of the paper draws from a conviction that all human beings are equally valuable, <strong>and</strong> that gender by<br />
itself is not a legitimate basis for legal discrimination. It is based on the premise that men <strong>and</strong> women must be able<br />
experience substantive equality in justice systems; mechanical equality is not adequate. Women, much more than<br />
men, are excluded from the rule of law. Barriers operate, one, in the content of laws <strong>and</strong> legal practices; <strong>and</strong> two, in<br />
restricted access to justice systems. The substantive content of laws itself can be a source of discrimination. Laws may<br />
be discriminatory, have gaps or be contradictory. Women’s access to formal <strong>and</strong> customary justice systems remains<br />
restricted <strong>and</strong> inadequate enforcement mechanisms continue to be of serious concern. Specific barriers, rooted in<br />
gender, prevent women from getting to courts or finding fair judgments once there.<br />
The paper explores three strategic avenues for simultaneous action. One, fixing institutions – laws, legal practices <strong>and</strong><br />
modes of access; two, changing attitudes of those who create, uphold, <strong>and</strong> use laws; <strong>and</strong> three, establishing ongoing<br />
assessments to reveal inequalities <strong>and</strong> monitor progress.<br />
Key words: law, legal system, human development, gender equality.<br />
Abstract<br />
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