A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
Judges, prosecutors, and other judicial actors should receive training to handle sensitive cases appropriately, such
as those related to violence against women in elections.
Reporting instances of gender-based violence to police or judicial forces can re-traumatize survivors due to stigma
around the issue. To handle sensitive cases of political violence against women safely and effectively, those involved
in the criminal justice system must receive training on how to work with survivors and what is needed to bring these
cases to justice. This training could be provided through the National Judicial Academy supported by ICJ and UN
Women. A tailored module could enhance efforts to make the judiciary more gender-sensitive, with specific emphasis
on addressing violence against women in elections.
Political parties should develop a formal, appealable internal dispute resolution mechanism that is institutionalized in
their party statutes. Parties should train candidates, members, and supporters to file complaints through this
mechanism.
Political parties should have formal, standard, and publicized processes for resolving internal party disputes and
should train staff and members to use them through, for example, mediation, conciliation, or adjudication. The
outcomes of these internal dispute resolution processes should be applicable to an internal process, within the party
or to the ECN EDR unit, to mediate intra- and inter-party disputes. The ECN could collaborate with political parties,
including the intraparty women’s alliance and the Dalit women’s alliance, as well as civil society organizations, to
develop a set of common standards for resolving internal party disputes. Political parties could use the standards to
guide the development of the internal dispute resolution and mediation process. If a resolution cannot be reached
internally, or if one party seeks to appeal a decision, court-led mediation could be worth exploring.
Political parties should conduct gender sensitivity trainings and briefings for their candidates, supporters, and party
leadership.
Political parties can utilize their committee structures (committees for women, youth, and leadership) and other
mechanisms to ensure that members and leaders are aware of the gender-specific elements of the Election Law;
receive information on EDR processes for all candidates, including internal dispute resolution mechanisms; and
receive training on protecting and respecting the rights of all members and candidates.
The Government of Nepal should adopt regulatory and policy reforms to enhance women’s access to electoral justice.
Post-election, the ECN and government should seize opportunities to propose amendments or adopt policies to
enhance the rights of women to access justice during elections. For example, they could establish legal aid clinics or
provide free counsel for women victims of election violence. In addition, the courts could consider lowering filing fees
for women seeking electoral justice.
Civil society should establish legal clinics or initiatives to increase resources available to women seeking access to
electoral justice.
Civil society and women’s rights organizations should partner with legal organizations to advance an initiative for
women’s access to electoral justice. Activities could include establishing legal clinics to monitor electoral justice
cases, track incidents of hate speech and other violations of the Code of Conduct, and provide pro bono counsel for
women litigants. A concerted legal strategy could identify and advance public interest litigation cases to develop
jurisprudence on issues of inclusion pursuant to the Constitution and advance enforcement of the Election Law.
68