A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
representation to bring cases to the ECN. These stipulations make it much less resource-intensive for complainants
to pursue electoral violations. This more localized approach to electoral justice is a positive step forward for access
to justice, including for women, who might have less time and mobility, and fewer resources, to pursue electoral
complaints. If these violations can be adjudicated and resolved at the local level in a timely, transparent manner,
access to electoral justice will certainly improve.
When election-related disputes do come before courts, many justice system actors are not sufficiently prepared to
handle cases related to violence against women in elections. To begin with, most police officers are men, and women
may not feel comfortable reporting gender-based violence or harassment to them. In addition, those tasked with
receiving and handling receiving related to gender-based violence – whether members of law enforcement, EMB
personnel, or judges – often have not been sufficiently trained on how to handle these cases sensitively, which creates
additional barriers for women interested in pursuing cases related to electoral violence. Interviewees noted the judicial
system can be “hostile” to women, recounting instances when people in the court system have made fun of women
survivors of violence, or court officials ask them insensitive questions. Multiple interviewees noted that women do not
want to file these types of cases as they will be “re-traumatized” through the judicial process. Providing sensitization
and training for law enforcement, EMB, and EDR personnel on how to appropriately treat those making claims related
to gender-based violence and harassment is essential to ensure that more women are willing to pursue their claims,
are treated with dignity and respect, and receive fair hearings.
What role can civil society play in promoting women’s access to
electoral justice?
Civil society organizations have critical roles to play in increasing women’s access to electoral justice. Interviewees,
including civil society actors, described promising practices related to advocating to government institutions and
political parties for necessary changes, partnering with institutions to support the development and delivery of
improved services, and providing direct support to women seeking electoral justice. Stakeholders identified key areas
(discussed further below), where civil society organizations, including women’s rights organizations, legal
organizations, and election-related organizations, among others, can promote women’s access to electoral justice.
Many countries have ratified international treaties and instituted national laws to advance gender equality. However,
both election laws and implementing regulations can often be strengthened to better protect the rights of women
voters and candidates and increase women’s equal access to justice. Civil society can advocate both for the adoption
of new legislation – including quotas, campaign finance regulations, and laws that specifically penalize political
violence against women – and, essentially, for the rigorous and fair enforcement of existing provisions so fewer
women experience electoral violations or are left to seek justice in court. This includes gathering and providing
evidence to legislative and judicial bodies regarding violations of codes of conduct, quota laws, laws prohibiting family
voting, and campaign finance regulations that often specifically disadvantage women in elections.
In addition, given the experiences of women candidates, including mistreatment by their own political parties, other
candidates, and judicial actors when attempting to seek electoral justice, it is clear that gender sensitization training
is needed across electoral systems. Civil society can partner with EMBs, EDR bodies, and political parties to improve
their internal culture and support the development of gender-sensitive EDR systems and processes. This could
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