Reports

This report will examine the various challenges and obstacles encountered by women
who pursue justice. Access to justice is not only a fundamental human right, but also a
mechanism for the realisation of other human rights. According to the United Nations
Development Program (UNDP), access to justice encompasses “the ability of people to seek
and obtain remedy through formal or informal institutions of justice, and in conformity with
human rights standards” (UN Women et al. 2018, p. 17). Additionally, the United Nations
considers justice as “an ideal of accountability and fairness in the protection and vindication
of rights and the prevention and punishment of wrongs” and emphasises that fostering the
rule of law and ensuring access to justice are essential for sustaining peace (UN Women et al.
2018, p. 17).

Women’s experiences of pursuing justice often differ from men’s. These gendered
discrepancies are usually influenced by higher levels of poverty and power imbalances within
families and communities. Ensuring women’s access to justice, especially among poor and
marginalised groups, through fair, effective, affordable, and accountable mechanisms is
essential for safeguarding their rights, addressing abuses of power, and resolving conflicts.
Women’s access to justice encompasses their ability to seek and obtain fair remedies through
both formal and informal justice systems, as well as their capacity to participate in, and
influence, law-making processes and institutions.

Moreover, the 2030 Agenda for Sustainable Development places an emphasis on
prioritising those who are the most frequently marginalised, which, due to the
aforementioned issues related to poverty and power imbalances, includes women.
Overlooking or disregarding these marginalised groups can exacerbate structural
discrimination, bias, and stereotypes, leading to complex forms of exclusion. Therefore,
justice programming must aim for inclusivity, ensuring that no woman is deprived of justice
as a result of legal, economic, institutional, or socio-cultural barriers (UN Women et al.
2018).

According to a study from 2017 conducted by the World Justice Project in 45
countries, 53 percent of women seeking justice encountered legal problems. However, only
13 percent of those women turned to an authority or a third party to resolve their problem.
For those who turned to justice professionals, 42
percent experienced a hardship as a result of their
problem. In women’s journey to justice, one in
four women indicated suffering from a physical
or stress-related condition due to their legal issue.
In addition, research reveals that one out of five
women either experienced job loss or had to

GLOBAL HUMAN RIGHTS DEFENCE | Women’s Rights Team 3

relocate during their pursuit for justice (World Justice project, 2019).

Overall, ensuring women’s access to justice is vital for the realisation of women’s
rights while protecting them from economic exploitation and abuse (UN Women et al. 2018).
It is also crucial for sustaining peace and the rule of law, in addition to fighting against
impunity, poverty and exclusion.

This report identifies legal, institutional, and economic barriers as well as cultural and
social norms which include violence and act as hurdles for women seeking justice. The report
focuses mainly on women’s difficulties in seeking justice in civil matters, especially in terms
of violence against women and rape cases due to the high level of underreporting and
impunity for perpetrators. Chapter One scrutinises the state’s obligation under international
law to ensure equal access to justice for all individuals, analysing pertinent provisions from
international and regional conventions. Chapter Two focuses on the legal barriers, addressing
issues such as discriminatory legislation and insufficient legal awareness. Chapter Three
analyses institutional barriers including the lack of gender training for justice and legal
professionals, the frequent absence of a gender budget, the neglection of women’s
representation in the legal and justice professions. Additionally, it delves into the failures in
arrangement and coordination for the creation, maintenance, and development of special
courts, units, programs and mechanisms, and the legal system bias and gender-insensitive
judgements. Chapter Four examines legal aid accessibility while Chapter Five details harmful
social and cultural norms to women’s access to justice. In each chapter, the report offers
examples illustrating the barriers to provide context and enhance comprehension.

The report extensively relies on sources from the Council of Europe, primarily
emphasising examples from European human rights law. This decision was driven by the
abundance of resources available on this topic, establishing it as the most thorough and
sophisticated legal framework in this area. Nonetheless, the report also aimed to include
examples from more regions worldwide.