IDLO
Understanding why women use customary and informal justice systems A range of reasons help to explain why women, by choice, necessity or coercion, rely on CIJ. Many of these reasons also explain why men and other groups may rely on CIJ. For women, however, each of these reasons is augmented by the multiple and intersecting discriminations that they face, which make their experiences unique. Gender gaps in relation to education and literacy, access to and management of resources and decision making in the household, social expectations of acceptable behavior and the burden of unpaid care work mean that the reasons set out below are especially relevant for women. ›› Geographic accessibility: In many cases, CIJ systems are more geographically accessible. This is especially relevant for women who often do not have the financial resources to travel longer distances to formal courts. Women are also time poor, due to limited support to assist with farming, childcare and other household responsibilities, making justice mechanisms close to home significantly more accessible.28 Women may also be restricted by social norms that discourage them from travelling unaccompanied or without a male family member.
›› Financial accessibility: CIJ is often perceived to be more affordable than the formal justice system.29 Given that women generally have less access to and control over household finances than men, cost is an especially pertinent consideration.30 ›› Expediency: CIJ is seen to provide speedier resolution of matters than formal justice systems, which can be subject to many adjournments and delays. By contrast, CIJ systems will often resolve matters within just a few sittings over days or weeks. Given women’s paucity of time, this can make CIJ more appealing. ›› Linguistic accessibility: The linguistic familiarity of CIJ can be appealing to women as they often complete fewer years of formal education than men. This can mean that women are less comfortable speaking national languages which formal justice systems tend to operate in. ›› Familiarity: The lack of familiarity with the procedures, laws and legal terminology can deter women from taking their cases to formal courts, preferring instead to bring matters to a CIJ mechanism whose procedures and laws are more easily understood.
›› Legitimacy: The law applied by CIJ systems can be perceived as more legitimate by some users, as it aligns with community norms about how crimes, disputes or grievances are dealt with. This can include a focus on reconciliation and restoring community harmony, rather than retributive or punitive justice, which can be perceived as further destabilizing relationships. CIJ mechanisms frequently rely on compensation as a remedy, rather than incarceration, which is often preferred by women, depending on the crime or grievance involved.31 Moreover, women usually have less social capital and fewer networks than men to go against community norms by seeking out formal justice. Prevailing social norms usually favor the powerful – the wealthy, the landand property-owning and men. ›› Flexibility and tailored solutions: Finally, in some cases, CIJ is seen to provide a flexibility that formal justice systems do not.32 Women have thus been able to use the unwritten nature of customary law to their advantage to contest interpretations of the law and articulate alternative interpretations that offer greater rights protection than might be available under formal laws.33
Image: ©World Vision
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