ROLE OF WOMEN JUDGES TOWARDS GENDER EQUALITY

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ROLE OF WOMEN JUDGES TOWARDS GENDER EQUALITY

We all know that male and female are different physically and they play different roles as well, but their rights should be equal. Gender equality is not only a fundamental human right but a necessity for a peaceful, prosperous and sustainable world.

From many decades back, women have been fighting for the right that is not given equally to them as it has been given to all the males because of the difference of gender, it is universal fact that our ancestors have been adhering the male chauvinism which is now illegal to many developed countries. The word “Feminist” came up because of the inequality faced by all the feminism which simply means that they also need equal rights and respect, enjoyed by the men. The pride of being a man and its false belief that male deserves all the good things and female comes next.

Women judges bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective- one that encompasses not only the legal basis for judicial action, but also awareness of consequences on the people affected.

Adjudication is enhanced by the presence of women who bring to the fore considerations that would not have been taken into account in their absence; the scope of the discussion is hence enlarged, possibly preventing ill-considered or improper decisions. By elucidating how laws and rulings can be based on gender stereotypes, or how they might have a different impact on women and men, a gender perspective enhances the fairness of adjudication, which ultimately benefits both men and women. All judges should strive to bring a gender perspective to adjudication.

Judicial independence is prized because it creates the space necessary for impartial judgment, but it does not ensure impartial judgment. We know that being sworn in as a judge does not magically insulate us from biases and misunderstandings, something all human beings carry as a result of their particular experiences. As neurologists and psychologists have shown us, we are all plagued by unconscious or implicit biases unknown even to ourselves. While there is no simple antidote to this problem with regards to the judiciary, diversifying the life experiences of those who adjudicate cases improves the probability that biases and misunderstandings will be checked.

Changing the long-established demographics of a court can make the institution more amenable to consider itself in a new light, and potentially lead to further modernization and reform. As a court’s composition becomes more diverse, its customary practices become less entrenched; consequently, the old methods, often based on unstated codes of behavior, or simply inertia, are no longer adequate. This can be an auspicious time for careful review, for the adoption and implementation of updated codes of judicial conduct, and for training judges according to norms that are clearly stated. The presence of new faces, with new voices, is often the most compelling spur to look at things afresh and make changes long overdue.

The International Association of Women Judges is already working, and ready to join forces with others, towards a stronger ethical judiciary.

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