A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
Training, Staffing, and Personnel
A common theme throughout the collection of data for this guide, both for the desk review and fieldwork, was the
need for stakeholders across the electoral justice process – political parties, law enforcement, EMBs, and election
courts – to be more gender-balanced in their composition and better trained to meet the specific needs of women
seeking to participate in the electoral process.
Electoral institutions, including EMBs and EDR and ADR mechanisms, should strive for gender parity at all levels
of staff and promote affirmative action measures (such as gender quotas) that result in more women serving in the
justice sector and electoral institutions. While a higher proportion of women in judicial and electoral roles alone will
not solve gender inequality in the justice sector, this step can increase the chances that women’s experiences and
needs are taken into account when developing processes and procedures for adjudicating electoral complaints. And,
because women may be more comfortable reporting incidents of violence or harassment to other women, EMBs
should consider having women EMB staff members
Promising Practice: The Case of Mexico and the Violet
trained and designated as points of contact for
Lens
campaign regulation information and to field reports
Over the last decade or so, as issues of unconscious bias and
of
women
awareness of the need to apply a gender lens to enforcement
candidates. As much as possible, those positions
of the law have gained prominence, governments and
should be established across the country and
international organizations have taken steps to provide
publicized so women voters and candidates know
additional training and resources so judges and magistrates
whom they can reach out to with questions or
are better prepared to administer justice fairly. In Mexico,
concerns.
where election-related cases are adjudicated by a dedicated
violations
or
harassment
against
court, the Federal Election Tribunal has led the way by
Law enforcement may be the first point of contact
producing a guidebook on judging with a gender perspective
for women candidates and voters who face gender-
in electoral matters. This resource “gathers accumulated
based violence during the pre-election and election
jurisdictional experience, case-law and doctrinal development
periods. Women may be reluctant to report these
in the field, with the final objective of accelerating the
incidents because of the way they are treated by law
modification of social and institutional practices that make
enforcement and judicial personnel in their attempts
to
seek
justice.
Therefore,
training
for
law
enforcement and security personnel on how to
support
women
victims
of
violence,
conduct
investigations into electoral crimes, and preserve the
chain of evidence is essential. During the election
period, local security personnel and EMB staff are
effective judicial protection of women’s rights effective in all
countries.” In providing judges a “violet lens” to apply in
assessing the relevant electoral law and the facts of the
particular case, the guide encourages judges to consider the
relevant power dynamics in play, confirm the existence of
stereotypes and inequalities, utilize inclusive language, and
prevent revictimization of those who have experienced
gender-based discrimination or violence. Such tools and
often engaged to maintain order at polling stations.
approaches are essential to help the justice system ensure
EMBs, with the support of civil society, should
that men, women, and people of all genders are able to rely
provide training for Election Day staff to help ensure
on the courts when seeking electoral justice.
gender issues are integrated into their electoral
operations. This should include, in the case of
For more see the excellent: Guide to Judge with a Gender Perspective
training for security forces, increasing awareness of
in Electoral Matters
gender issues related to security, information on the
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