Transcript PROMOTING WOMEN’S PARTICIPATION AND BRIDGING …

PROMOTING WOMEN’S
PARTICIPATION AND
BRIDGING GENDER GAPS IN THE
PROFESSIONS AND PUBLIC LIFE –
ACHIEVEMENTS, RELEVANCE AND
PROSPECTS
– A LAWYER’S PERSPECTIVE
What is gender
• Some one once said gender is a woman
• Cultures have construed biological differences
into social expectations in respect of what
behaviours and activities are appropriate for
males and females and what rights, resources
and power they possess.
• Some social scientists explain these roles as
efficient survival strategies and sexual divisions of
labour which are now defunct due to the
technological and economic advancement of
society.
Gender inequity
• In no region of the developing world are
women and men equal in respect of legal,
social and economic rights
Bridging the Gender gap in education
• Simply matching up girls’ schooling percentages
to the boys would still not reduce the human
capital inequality as neither boys nor girls are
obtaining sufficient access to education.
• Increased human potential of educated girls and
women may not be realised as effective policies
on equal opportunities for men and women in
the job market is lacking
• Evident in high attrition rate, kayayei, househelps
GLSS 5
Percentage
In millions
Level of
educational
attainment
Male
Female
Both
sexes
Male
Female
Both
sexes
Never been
to school
22.3
38.3
30.8
1.4
2.7
4.1
MSLC/BECE
16.2
17.9
17.1
1.0
1.3
2.3
MSLC/BECE/
VOC
43.5
34.1
38.6
2.7
2.4
5.1
Secondary or 17.9
higher
9.7
13.6
1.1
0.7
1.8
All
100
100
6.3
7.0
13.3
100
International commitment to Women’s
participation in public life
• Article 6 of CEDAW guarantees equal
participation of women in political and public
life
• Article 10 of African Charter on Human and
Peoples Rights provides equal participation
and equal representation in all electoral and
candidates lists and partnership with men at
all levels of development
• UDHR and SDGEA –lack of political will
National legal framework
• Article 17 (1) of 1992 constitution guarantees
equality before the law and in (2) illegalises
discrimination on the grounds of gender
• Article 35 (5) and (6) of 1992 constitution
provides for reasonable regional and gender
balance in recruitment and appointment to
public offices
• Directive Principles of State Policy is
Unenforceable
Women in professional life
• Constitution and Labour Act does not exclude
women in any profession
• Some institutions have subtle rules that
excludes women in decision making
• Low education of women limits them from
reaching the top
• Lack of access to finance and resources limits
women from establishing private businesses
Data on women in professional life
• Males recorded a slightly higher economic
activity rate (54.9%) than females (53.4%).
• Proportion of males in wage employment is
much higher (25.0%), compared to that
of females (8.2%).
• a larger percentage of female urban workers
(32.8%) are engaged by the Public Service
compared to their male counterparts (30.1%).
Main occupation of the currently employed
population aged
15-64 years, by locality and sex
Main
Occupation
male
female
All
Male
Female
All
Male
Female
All
Legislators/
managers
1.9
0.3
1.1
0.2
0.0
0.1
0.8
0.1
0.4
Professional
6.8
4.7
5.7
2.1
0.5
1.3
3.7
1.9
2.8
Clerks
3.0
2.8
2.9
0.4
0.1
0.2
1.3
1.0
1.1
Service/sales
workers
13.6
37.8
25.9
2.4
10.0
6.3
6.3
19.5
13.0
Agric/fisher
y
workers
Craft &
related
trades
Plant &
Machine
Operators
Elementary
occupations
21.0
16.3
18.6
78.4
70.2
74.2
58.5
51.9
55.1
24.4
19.1
21.7
5.8
12.2
9.1
12.2
14.5
13.4
12.5
0.4
6.4
3.1
0.1
1.6
6.4
0.2
3.2
7.5
15.4
11.4
6.0
6.3
6.2
6.4
9.4
8.0
Armed
forces/secur
ity
personnel
All
3.8
0.5
2.2
0.5
0.1
0.3
1.6
0.3
0.9
100
100
100
100
100
100
100
100
100
x
The legal sector
• Regulated by the amended version of the Legal
Professions Act, 1960, act 32
• Anyone who fulfils the requirements of the
General Legal Council per Act 32 qualifies as a
lawyer
• GLC composed of 3 women (including CJ and AG)
out of 10
• Private legal practitioner, in-house lawyer for a
corporation or NGO, Government lawyer
• The Bar Association – never been headed by a
woman at the national or regional levels
Performance of women in the legal
sector
• Mostly found in government MDAs and corporate
offices where they excel and head legal
departments. Subject to salaries and difficult to
progress.
• Women are underrepresented in private practice
where there is the potential of earning more than
the salaried worker yet more time-demanding
• Leading in women and gender issues e.g., FIDAGhana
What women lawyers can do
•
•
•
•
•
Women in the legal profession can lobby
Legislate
litigate and
adjudicate,
however, women are not so visible in these
areas suggesting subtle but real public
constraints
Challenges of women lawyers
• Very few female lawyers found in challenging
areas like energy, finance, ICT, aerodynamics law
and therefore do not reap the financial results
• Most male clients will rather deal with male
lawyers as they believe they are more aggressive
• Most law firms are not gender friendly. Late
hours, lots of work, not too good remuneration
• Very few women heading law firms
Regional disparity
• Most lawyers concentrated in southern Ghana
• Drop out rate in education higher in the North
• Due to high levels of poverty, most people in
the North need legal aid to access justice
• Brain drain - Regular migration from the north
to the South
• Need to strategise to bridge the gap like
targeting a young group and build their
capacity educationally
Critical questions that needs to be
asked
• Women should ask ourselves whether we are
settling for less or combining with
reproductive duties make it impossible for us?
• Have women been psyched to move into
some sectors or are our interests elsewhere?
• Are we assigned to pro bono work? If we don’t
do it, who will?
• What could be done to increase women’s
representation in these strategic areas?
The Judicial Sector
• Overseen by the Judicial Council composed of
3 women in a group of 19
• Less than 10 % in the judiciary
• It is an area preferred by women but recent
stringent requirements especially in the rules
of court exclude some women.
Women in human rights
• Women lawyers especially FIDA has brought
attention to violations of women's rights
• Spearheaded the promulgation of domestic
friendly laws like the Intestate Succession Law,
Domestic Violence Act, etc
• Reduced these laws into user friendly
language
• Provide legal literacy and legal aid
Personal experience
• Contrary to popular perception, women have
not been my enemies.
Achievers
•
•
•
•
First Female Chief Justice in Ghana
First Female Attorney-General in Ghana
First Female Speaker of Parliament
Female Judge represented in the Appeals
Level of the International Criminal Court
• Ministers of state
• Increased enrolment of female lawyers
Relevance of Gender Mainstreaming
for Female Judges
• In the judiciary, would women prefer to be
with women judges because they could
understand the issues better
• Have women judges come out with judgments
that have improved the lives of women
• Are women judges engendered?
• Are women judges competent and have the
respect of the Bar and their colleagues
Relevance of engendering female
lawyers
• Are women lawyers competent and improve
themselves regularly
• Are we meeting the needs of less privileged
women
• If women lawyers are not around would we be
missed
Method s of Gender Mainstreaming
• Gender Desk Units in the public sector which
have not worked very well
• No policy in place to engender the private
sector
• Exclusion of men
• Focus has been more in government
appointments and elections
• Not packaging our message well, especially to
the men
Recommendations
• Mentoring young lawyers to meet the
overwhelming social needs around
• Mentoring young lawyers should be
encouraged to move into male dominated
areas
• Repackage gender message as some men are
empathetic to this cause
• Find innovative ways to address lack of access
to education – enforce FCUBE
Prospects
• With the high numbers being churned out
from Law School, most female lawyers would
be forced to specialise in male dominated
areas to be relevant in the legal sector
• Role models inspire female lawyers to move to
the top.
• Most people joining Law School for political
reasons and retirement purposes