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.
J. Jarpa Dawuni is associate professor of political science at Howard University.
Chapter 1: Layered Intersectionality and Framing Feminist Legal Discourse on Access to Justice for Women
J. Jarpa Dawuni
Part One: Women and Access to the Bench
Chapter 2: Status of Women Judges in Algeria: Achievements and Pathways for the Future
Chapter 3: Opening the Door for Women in the Cape Verdean Judiciary
Justice Vera Duarte
Chapter 4: Women Judges in Ethiopia
Maame Efua Addadzi-Koom and Biruh Gemeda Gage
Chapter 5: Battle for Women in the Egyptian Judiciary: Reality, Laws, and Aspirations or a Dream Come True?
Omnia Taher Gadalla
Chapter 6: Making Gains for Women’s Rights: Using Gender Quotas to Achieve Gender Equality in the Composition of the Supreme Court of Kenya.
Annerita Murungi and Agnes Meroka-Mutua
Chapter 7: “Your Whole Life is an Interview to Get to the Bench:” Gender and Judicial Appointments in Malawi
Chapter 8: Gender Transformation of the Judiciary in South Africa
Justice Constance Baratang Mocumie
Chapter 9: A Critical Assessment of the Status of Women Judicial Officers in Uganda
Part Two: Women and Access to the Courtroom
Chapter 10: Women’s property rights and discriminatory land tenure systems in Ghana: The adjudicative role of courts
Chapter 11: The making and unmaking of gender: Reflections on questions of gender and the judiciary in Namibia
Chapter 12: Women and environmental justice issues in Nigeria: An evaluation
Eghosa Ekhator and Pedi Obani
Chapter 13: Contribution of the judiciary to the advancement and protection of women’s matrimonial and inheritance rights in Rwanda
Marie-Rose Turamwishimiye and Odette Uwineza
Part Three: Women and Access to Traditional Justice
Chapter 14: Gender and Customary justice among the Podoko of the Mandara mountains of the far north region of Cameroon
Chapter 15: Juxtaposing the efficacy of testacy and intestacy to inheritance rights for Rukuba widows and children under Nigeria’s Plural Legal System
Rebecca Badejogbin andVickiLawal
Chapter 16: Transforming traditional justice through gender diversification: Comparing two South African communities
Sindiso Mnisi Weeks
Conclusion and Recommendations
Chapter 17: Intersectionality, access to justice and women’s experiences: Policy recommendations
J. Jarpa Dawuni and Stephen Muthoka Mutie
About the Authors
"A truly significant publication that engages with critical questions of how intersectional categories impede women’s access to justice in Africa. The book is timely, coming at a point when women in Africa are increasingly taking up leading positions in society and interacting extensively with the law, not only as litigants but also as members and leaders of the judiciary, an all-important institution. This work is a must-read for the judiciary, advocates for women’s access to justice, and the legal profession as a whole."
"This book sums up the impediments women face in accessing justice by cleverly adopting an intersectional approach that combines historical and empirical analyses to weave a narrative that is both compelling and theoretically grounded. In yet another novel research output, J. Jarpa Dawuni has crafted a masterpiece that contributes to our knowledge about women and law across Africa. By traversing different countries, legal systems and traditions, Intersectionality and Women’s Access to Justice in Africa is an important resource for lawyers, judicial officers, political leaders, policy makers, and women’s rights advocates. A useful resource for advocacy on women’s rights and women’s representation in law."
"This book explores women’s access to the justice system as judges and as litigants. This is a pioneering work that looks at women as insiders and as outsiders in the justice system. It shows that irrespective of their positionality as insiders or outsiders, women face intersecting challenges in their efforts to navigate and access justice systems. This book departs from the common essentialist portrayal of women as a monolithic group. It recognizes the fact women in any category and within each category, face intersecting layers of simultaneous privilege and discrimination. This is a rich, thoughtful, and diverse compendium of chapters examining a multiplicity of core issues at the center of gender equality and access to justice. It is an instructive and rich comparative study of gender in the justice system. This is an important and immensely valuable book."