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Putting the Rule of Law Behind Women's Rights

Posted: 26/11/2012 00:00

All over the world, the infrastructure of justice is failing women. In some cases, it is the laws themselves that legitimise discrimination - whether on property rights, freedom of movement or women's control over their own bodies. In many more societies, however, the problems stem from a justice system which fails to recognise the informal and often unconscious bias against women.

I was shocked to read the statistic reported by UN Women that women across the world are three times more likely to report a robbery than a sexual assault. It is equally shocking that female circumcision is still widely practiced in African countries, even where it is illegal.

It is not enough to put the right laws in place to root out discrimination, important as this is. We also have to find the commitment, knowledge and resources to enforce them fairly. And crucially, we need to change attitudes, though that can be harder to bring about than changes in the law. Yet one often leads to the other and both are needed to deliver real change throughout society.

So what is working? It is important to note the progress around the world and how it is being achieved.

Here in the UK for example, it was no coincidence that major improvements in policies aimed at helping women - and men - better balance family and career came following a big increase in the number of women MPs of all parties. But we also need more women in the judiciary. Women judges bring different qualities into their decisions. They are not better than men, but complementary; helping ensure our justice system reflects all our experience and wisdom.

Over my own legal career, I have seen how more women in the law as well as in parliament have helped transform attitudes to domestic violence in the UK. We are seeing the same shifts elsewhere - for example, in Brazil in the last few years, thanks to an increase in the number of women judges and the bravery and tenacity of domestic abuse survivors like Maria de Penha.

The challenge now is to build on and extend these successful initiatives, giving women a stronger voice in shaping our justice system and ensuring it treats everyone equally.

The former president of Ireland, Mary Robinson, has said, "In a society where the rights and potential of women are constrained, no man can be truly free. He may have power, but he will not have freedom." It is a compelling argument: that by placing restrictions on the full participation of women in society, we are limiting what society can be and therefore impeding the freedom of all peoples.

The evidence is compelling that the unrealised talents of women will help us overcome the major challenges we face. The principle reason that in 2008 I set up a foundation for women was to explore a further way of helping to empower women - through financial independence. The foundation helps women in developing and emerging markets set up and then expand small businesses. Financial independence gives women power and influence within their family and in their community. Power to make decisions, to insist, for example, that their children (especially their daughters) have an education, and to begin to change the way that they and other women are viewed in their societies.

I have seen just what women can achieve if we simply help give them a more level playing field in the world of business. It is not just the direct and important effect their success has on their lives and those of their children. Women who earn money, and become employers as their businesses expand, have an impact too on their country's economy. Evidence suggests, for example, that South Asia's continuing gender gaps in education and employment - in part down to poor legal protection - explain why annual per capital growth is over one per cent lower than in East Asia, where more women work. That difference in growth would play a major role in tackling poverty and disadvantage. For whether you are a company or country, the secret of success now more than ever before is making the most of the potential of everyone.

It is why dismantling the barriers which prevent women making their full contribution to communities and economies is important to every one of us whatever our gender, whoever we are and wherever we live.

In Ethiopia, they have a saying: where a woman rules, streams run uphill. In other words, women can make wonderful things happen. A society - a world - that does not allow them to participate fully is a world not living up to its potential.

Trust Women, a conference by the Thomson Reuters Foundation and International Herald Tribune, will take place in London on the 4 & 5 of December. The conference aims to connect legal expertise with the financial, NGO and educational sectors to enable women to exercise their rights. To take part: www.trustwomenconf.com

 

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All over the world, the infrastructure of justice is failing women. In some cases, it is the laws themselves that legitimise discrimination - whether on property rights, freedom of movement or women's...
All over the world, the infrastructure of justice is failing women. In some cases, it is the laws themselves that legitimise discrimination - whether on property rights, freedom of movement or women's...
 
 
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09:59 PM on 11/29/2012
Surely all women can make it to the top on merit? They just need to marry a prime minister.
06:15 AM on 11/28/2012
Hasn't Cherie Blair been struck off yet?
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06:37 PM on 11/27/2012
Sorry, This must be different Cherie Blair from the one who cheer-led, in fact, actively campaigned for war in Afghanistan; war being notoriously effective at improving the lot of women.

Have a word with yourself, Mrs. B. History says you're about as meaningfully committed to the plight of women as Mullah-sodding-Omar.
02:08 PM on 11/27/2012
I'd love to be able to join in the struggle in changing the outlook of law and how women are affected. As a mature student, with 2 law degrees (both completed as a lone parent)- I am stumbling to get an apprenticeship to complete my legal education and actually practice... a working example of exactly the problems Cherie highlights?
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HUFFPOST COMMUNITY MODERATOR
Callyson
Trying to come up with a new creative microbio
07:36 AM on 11/27/2012
Aaand the haters are out to express themselves...well, as they wish. The decent and civilized people, who do not view a call to allow women to participate fully in the world as a threat to men, appreciate this article. Fight on, Cherie!
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s3dg
06:31 AM on 11/27/2012
i can't believe the amount of sexism on display in the article. more government intervention, physically putting more women in positions that they didn't necessarily earn. why are we still tolerating this?? why do men take the advice of this blog seriously??
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s3dg
06:26 AM on 11/27/2012
women's rights, women's rights!! men don't matter, only women's rights matter!! we hate men, society only fails women, who cares how it treats men?! we need to focus 100% of our energy on women's rights, because men have had their rights!! they don't need rights anymore, they need to live as slaves!!
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dove1080
Wisdom is the goddess
03:36 AM on 11/27/2012
I like that sentiment, you could just fill in the blank, 'where a woman rules --- everyone has more than enough to eat. I thought of that one because women by nature are nurturing and this is a main concern of mothers for their children. The paradigm is beginning to shift and as it does you will see more violence against and oppression of women. There has to be destruction of old mindsets before brand new ones can take hold but this is viewed as a threat to men, they've been narrating his-story for so long now.
Morrisfactor
Just a little bent
07:02 PM on 11/27/2012
"In Ethiopia, they have a saying: where a woman rules, streams run uphill."

Sorry, this was an unfortunate example to quote, as Ethiopia (Abyssinia) has a history of many female tribal queens which were notoriously violent and warlike - even more so than the males.

One torture, devised by Queen Masteeat, (circa 1840 - 1870) was to have her enemy's bones surgically removed one by one, turning them into living sacks of jelly.

History has shown again and again, that when women rule, they have proved to be no more peaceful than men.
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dove1080
Wisdom is the goddess
08:16 PM on 11/27/2012
Any more examples? Wars women have waged?
02:11 AM on 11/27/2012
A thinly veiled article on human rights across the world. Each and every country has a right to formulate its own rules, regulations and laws and apply them as they see fit! The fact they may differ from our views is totally irrelevant, we do not rule the world any more, in fact we do not even rule ourselves.

I totally agree that women in this country should have equal opportunities and equal pay in the workplace and I think most would agree.

Obviously you do not feel that it would pay you enough to actually go and act for the deprived and oppressed in the countries you mentioned, or you would be there!
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wakyracir
My spaniel is watching you
11:11 PM on 11/26/2012
I think it would be a wonderful idea if Cherie arranged a lengthy lecture tour of Pakistan so they could share her pearls of feminist wisdom.
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Justinjuice
11:00 PM on 11/26/2012
The Great Mary Robinson, quoted above has pensions in the region of £ 250,000 - £ 400,00 the burden of which is borne by the ordinary women and men she shows such care and interest in. I believe in parts of her native country, she is known as 5 Star Mary in deference to the five start life style which taxpayers had to keep her in.
This seems to be a common trait in so many of the men and women who travel about the Global Humanitarian Circuit. Rather like Formula One, it is a means to keep them in the Public Eye whilst they continue to live in 5 Star Expense luxury.
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Hucancum
10:34 PM on 11/26/2012
Does Mrs Blair not realise that women are treated differently -because they are different. I'm sure she'd be the first to complain if she wasn't treated 'like a woman.
09:58 PM on 11/29/2012
She's a woman?
08:56 PM on 11/26/2012
Interestingly, the ascendance of women seems to have simply 'doubled down' on the number of sinners who practice the sins that men have long monopolized. Perhaps 'operating context' is more influential than gender?

However, there is little doubt that doubling of the availability of "free thinking" humans who are capable of pursuing their dreams can only benefit human civilization, and will improve the longevity of the human race as a whole.
08:25 PM on 11/26/2012
On average women are better off than men.Feminists like Cherie Blair are living in the past.
09:09 PM on 11/26/2012
Roles have always provided a good place to hide!...........and probably were intended to provide some level of "shelter" for the traditionally more vulnerable females of the species (of course, politically speaking, the "shelter" as defined has been subject to significant abuse).

Many women like it inside their bubble, and traditionally, there has been nothing inherently wrong with that.

The thing is that humans evolve, and we're now capable of increasing the net level of our 'community intelligence' by universally including women as full equals (not as objects that are subject to prequalification in accordance with the whims of some male dominated culture).

Of course, we're only at the beginnings of that pursuit, but we can make progress if the US continues to thrive as a country of "free people" as opposed to one that narrowly focuses to thrive as a country of "free markets".
07:55 PM on 11/26/2012
Can't stand the women she has given us a bad name, the only thing she cares about same as her husband in money and power for themselves...
09:10 PM on 11/26/2012
There's money in advocating evil of every sort!