Intersectionality and Women&#039;s Access to Justice in Africa

J. Jarpa Dawuni

doi:10.5771/9781793632685

Summary

Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.

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Bibliographic data

Copyright year: 2022
ISBN-Print: 978-1-7936-3267-8
ISBN-Online: 978-1-7936-3268-5
Publisher: Lexington, Lanham
Language: English
Pages: 424
Product type: Edited Book

1. Dedication No access
2. Contents No access
3. Foreword No access
4. Acknowledgments No access
1. 1. Introduction No access
  2. Contextual Framing: Why Intersectionality? No access
  3. Feminist Decoloniality No access
  4. Expanding Intersectionality beyond Borders No access
  5. Gender No access
  6. Race/Ethnicity/Geographic Location No access
  7. Class and Socioeconomic Standing No access
  8. Religious and Cultural Norms No access
  9. Persistent Institutional Patriarchal Cultures, Norms, and Practices No access
  10. Organization of the Book No access
  11. Structure of the Book No access
  12. Part I: Women and Access to the Bench No access
  13. Part II: Women and Access to the Courtroom No access
  14. Part III: Women and Access to Traditional Justice No access
  15. Drawing the Curtain: Contributions and Recommendations No access
  16. References No access
1. 1. Introduction No access
  2. Historical Background: The Fallout of Colonization and the Religious and Cultural Heritage No access
  3. Court Structure and Organization: Reflection of Sovereignty No access
  4. Gender and Representation: A Stepwise Increase No access
  5. Women and the Judiciary: Experience of Female Judges No access
  6. Obstacles and Challenges: Changes Still to be Made No access
  7. Conclusion and Recommendations: A Mixed Appraisal No access
  8. Notes No access
  9. References No access
2. 1. Introduction No access
  2. Tracing My Personal Journey to the Law No access
  3. Cape Verde’s Independence and Legislative Reform No access
  4. Constitutional Evolution of Cape Verde No access
  5. Attempts to Promote Women’s Rights in Cape Verde No access
  6. Serving in the Judiciary in Cape Verde and Human Rights Institutions No access
  7. Reflections on My Service No access
  8. Considerations on the Impact of Women’s Entry into the Judiciary No access
  9. Looking into the Future No access
  10. Notes No access
  11. References No access
3. 1. Introduction No access
  2. Historical Overview No access
  3. Court Structure and Representation of Women No access
  4. Appointments and Representation No access
  5. Women’s Contributions to the Judiciary No access
  6. Challenges and Obstacles No access
  7. Conclusion No access
  8. Notes No access
  9. References No access
4. 1. Background on Egyptian Women’s Presence in the Legal Field in General and the Judiciary in Particular No access
  2. Judicial History in Egypt No access
  3. Egyptian Women in the Judiciary: Historical Background No access
  4. National and International Legal Rules That Support Women Sitting on the Bench No access
  5. A Right Is Never Lost as Long as Someone Strives to Claim It: Reflections on Personal Experience—Her Honor Setting the Bar No access
  6. Conclusion and Recommendations No access
  7. Notes No access
  8. References No access
5. 1. Introduction No access
  2. Gender Quotas as a Vehicle for Achieving Gender Equality in the SCOK No access
  3. Dispensing Gender Justice: The Role and Limitations of Female Judges No access
  4. Toward Gender Equality in Kenya’s Supreme Court: The Use of Quotas to Ensure Women’s Inclusion in the Supreme Court No access
  5. Conclusion No access
  6. References No access
6. 1. Introduction No access
  2. Theorizing Obstacles to Gender Parity on the Bench No access
  3. Appointment of Women Judges in Malawi No access
  4. Conclusion No access
  5. Notes No access
  6. References No access
7. 1. Introduction No access
  2. The Meaning of “Transformation” and “Merit” and the Perceived Tension between the Two in the Context of the South African Judiciary No access
  3. Acting Appointments No access
  4. Work Allocation as a Hurdle for the Upward Progression of Women No access
  5. Further Challenges Women Face No access
  6. Mentorship No access
  7. Where to Now? Proposed Solutions No access
  8. Conclusion No access
  9. Notes No access
  10. References No access
8. 1. Introduction No access
  2. Women in Public Life No access
  3. Court Structure in Uganda No access
  4. Appointment Processes No access
  5. Affirmative Measures and Gender Representation No access
  6. Contributions of Women Judges No access
  7. A Closer Look at the Status of Women Judges No access
  8. Bolstering Women’s Advancement on the Bench No access
  9. Conclusion No access
  10. Note No access
  11. References No access
1. 1. Introduction No access
  2. Women, Land Tenure Systems, and Access to Property in Ghana: Theoretical and Conceptual Analysis No access
  3. Customary Law and Women’s Right to Property: International and Regional Human Rights Dimensions No access
  4. Existing Laws on Women’s Property Rights in Ghana No access
  5. Conclusion No access
  6. Notes No access
  7. References No access
2. 1. Introduction No access
  2. Methodological, Conceptual, and Theoretical Framework No access
  3. The Judiciary and Gender in Namibia No access
  4. Conclusion No access
  5. Notes No access
  6. References No access
3. 1. Introduction No access
  2. Conceptualizing the Gender Aspects of Environmental Justice No access
  3. Women and Environmental Justice in Nigeria No access
  4. Prospects for Enhancing Women’s Access to Environmental Justice No access
  5. Conclusion No access
  6. Notes No access
  7. References No access
4. 1. Introduction No access
  2. Courts’ Protection of Women’s Matrimonial Rights before 1999 No access
  3. Developments in Courts’ Protection of Women’s Matrimonial Rights after 1999 No access
  4. Development of Judicial Protection of Patrimonial Rights of Women in Informal Marriages No access
  5. Judicial Protection of Women’s Inheritance Rights No access
  6. Conclusion No access
  7. References No access
1. 1. Introduction No access
  2. Conceptual and Theoretical Framework No access
  3. Methodological Framework No access
  4. Source of Customary Law and Judicial Actors No access
  5. Types of Offenses No access
  6. Mechanisms for Resolving and Managing Violations of the Ness Tengwe Slwandala No access
  7. Analysis of Women and Access to Justice No access
  8. Conclusion No access
  9. Notes No access
  10. References No access
2. 1. Introduction No access
  2. Legal Framework No access
  3. Brief Background on the Rukuba People No access
  4. Methodology No access
  5. Analysis of the Sources of Testacy and Intestacy Law for the Rukuba People No access
  6. Challenges to Determinants of Inheritance No access
  7. A Spectrum of Issues, Differences, and Recommendations No access
  8. Conclusion No access
  9. Notes No access
  10. References No access
3. 1. Introduction No access
  2. Legislative Context No access
  3. Empirical Context and Methodology No access
  4. Mbuzini No access
  5. Msinga No access
  6. Discussion No access
  7. Conclusion No access
  8. References No access
1. 1. Introduction No access
  2. Theme One No access
  3. Women and Access to the Bench: The Feminization of the Judiciary No access
  4. Theme Two No access
  5. Women and Access to the Courtroom: Pathways to Bolstering Gender-Sensitive Litigation in Africa No access
  6. Theme Three No access
  7. Women and Access to Traditional Justice Systems: Pluralistic Legal Systems and Women-Based Litigation in Africa No access
  8. References No access
Index No access Pages 399 - 416
About the Contributors No access Pages 417 - 424