Search for gender-free judges

The courts are deemed to be the last recourse in determining the fates of men and women, of the redemption of their sullied reputations, of the end to their sleepless days and nights. Unfortunately, many women do not find redress from the courts due to their lack of resources for litigation, a support system, and the perceived unreliability of the justice system.

The unreliability of the justice system is traced to the lack of understanding of the judges as well as prosecutors of the gender issue. In the determination and prosecution of cases of violence against women (VAW), judges and lawyers do not take into account such factors as the unequal relations of power between men and women in families and in society, and their continuing acceptance of misconceptions about rape and other forms of VAW, or violence against women.

This iniquitous rendering of justice can be solved in part through the education of women on their human rights, and the training of lawyers who will give free or affordable legal services. More important, though, is the education of judges and prosecutors of cases of violence against women, and their gender-sensitivity as they handle such cases.

For sure, some judges have shown gender-sensitivity in their decisions. Who these judges are, and what particular gender-sensitive decisions they have made, are the objects of a search being sponsored by the UN Development for Women (UNIFEM), National Commission on the Role of Filipino Women, UP Center for Women’s Studies, and the UP Women’s Studies Foundation, Inc.

The Gender Justice Awards will recognize six trial judges from all over the country who rendered outstanding decisions on VAW cases such as rape, martial rape, sexual harassment, sex trafficking, parricide, physical injuries, including psychological and emotional abuse in legal separation and nullity of marriage. They will be given to one judge each from Metro Manila, Luzon, Visayas, Mindanao, and a Shari‚a Court judge. An award will give given to the Most Outstanding Judge. The awards may be given to incumbent, retired, or deceased judges. The awards, which will include a cash prize, will be given in Metro Manila in March.

It must be noted that the judge with the winning decision should not have rendered a previous decision that violates the rights of women. No judge with a pending or prior administrative cases involving VAW should ever be nominated.

The awards have the following objectives: 1)To help raise the quality of court decisions on VAW cases, 2) to inform the judges of the State obligations under the Convention on the Elimination of all Forms of Discrimination Against Women or CEDAW, 3) to inspire trial judges to be gender-sensitive in their conduction of hearings and making of decisions on VAW cases, and 4) raise the level of expectation of the public from judges.

Nomination forms can be obtained from the Gender Justice Awards Project Committee, c/o UP Center for Women‚s Studies, UP Diliman, Q.C. Telefax nos. are (02) 920-6880 and 920-6950, and email nos. are [email protected] and [email protected]. The nominations should be accompanied by the judge‚s biodata, dates of decision made, case titles, court/branch number, and decision.

The awards search was launched last month, along with that of the "Men Speak Out Against VAW" campaign. At the double-occasion, the guest speaker, Chief Justice Hilario G. Davide Jr. said that men Œ‚ may proffer many explanations for their violent behavior against women: male dominance; stereotyped gender roles; perceived inadequacies or defects, or lack of skill of women; anger, jealousy, insecurity, or stress." But there is "no conceivable reason to justify violence against women."

The chief justice said that "No matter how one looks at it, VAW is a form of discrimination, and all forms of VAW are incompatible with the dignity and worth of a person. It inhibits a woman’s ability to enjoy her rights and most-valued freedoms on the basis of equality with men. It is a major breach of human rights, particularly the right of women to live free from torture, cruelty, inhumanity or degrading treatment, which the State, and all of us, cannot allow to perpetuate."

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