Women and Justice: Type: Memoranda

Memoranda

Compilation of Innovative Court Procedures to Protect Vulnerable Adult and Child Victim-Witnesses (2015)

Gender discrimination, Sexual violence and rape, Statutory rape or defilement

This memorandum compiles international and regional best practices guidelines, model laws, and progressive practices of domestic courts to protect adult and child victim-witnesses before, during, and after trials.



Maternity Benefits: International and Regional Standards and Guidelines on Maternity Benefits and Country Samples of Best Practices (2015)

Employment discrimination, Gender discrimination, Sexual harassment

Adequate and sufficient maternity leave, coupled with appropriate accommodations on return to work, are essential to women’s physical and psychological wellbeing after giving birth. This memorandum outlines the international and regional framework relating to maternity benefits and provides country illustrations of best practices from Sweden, Croatia, Chile, South Africa, and Vietnam.



Child Testimony: Admissibility, Reliability and Procedures (2014)

Domestic and intimate partner violence, Gender-based violence in general, Sexual violence and rape

This memorandum discusses the strategies courts employ around the world to treat child victims and witnesses and their evidence when giving testimony. International and regional human rights standards have highlighted good practices in the treatment of vulnerable young child witnesses, centering on the foundational principle of the best interests of the child. In turn, domestic courts and legislatures worldwide have created and employed a broad range of judicial approaches to the admissibility of child witness testimony; the reliability of child witness evidence, and the procedures that should be employed to facilitate child witness testimony.



Closed-circuit Television in Cases Involving Child Testimony (2014)

Gender-based violence in general, Sexual violence and rape

This memorandum discusses the use of closed-circuit television (CCTV) in courtrooms for cases where there will be child testimony. The United Nations Office on Drugs and Crimes recommends that children be allowed to give testimony through CCTV or another mechanism in order to prevent the child witness from being traumatized. Unfortunately, given the funding requirements, few countries have the facilities to use CCTV. Yet, a number of countries have statutes allowing for alternative mechanisms to prevent child victims from seeing the defendant while giving testimony. Some laws providing for the use of CCTV have been challenged, but courts have upheld the laws in nearly every situation.



Anti-Human Trafficking Legislation in Tanzania and 6 Countries Around the World (2013)

Gender-based violence in general, Trafficking in persons

In 2008, Tanzania adopted the Anti-Trafficking in Persons Act (ATPA) to combat human trafficking, mandate stricter investigation and prosecution, and afford protection to victims of trafficking. This report: explains and evaluates the ATPA, including the effectiveness of its implementation since its enactment in 2008; describes similar acts around the world, including an evaluation of those laws’ implementation and effectiveness; offers specific recommendations for Tanzania to enhance the effectiveness of its anti-trafficking law.



Domestic Violence in Turkey (2011)

Domestic and intimate partner violence

This memorandum provides a brief overview of violence against women in Turkey and, in doing so, highlights select reports and news stories, and references key legal obligations and case law touching on this problem.



Gender Based Violence in Africa (2011)

Gender-based violence in general

This memorandum provides a brief overview of the issue of gender based violence in Sub-Saharan Africa with relevant statistics.



Journalistic Rights to Photography (2012)

Gender-based violence in general

This memorandum discusses the intellectual property rights of a journalist to the photos he has taken outside the course of his employment citing international, United States and United Kingdom law.



Child Marriage in Bangladesh: Causes, Consequences, and Legal Framework (2013)

Divorce and dissolution of marriage, Forced and early marriage, Gender discrimination

This memorandum discusses the context, causes, consequences, and legal framework of child marriage in Bangladesh



Child Marriage in Bangladesh: Occurrence and Links to Sexual Harrassment (2013)

Forced and early marriage, Gender discrimination

This memorandum examines the occurrence of child marriage in Bangladesh and explores its link with sexual harassment. Bangladesh has one of the highest occurrences of child marriage in the world. This high rate of marriage of girls below the age of 18 is due to a variety of causes, including patriarchal social mores, parental desire to safeguard girls against premarital sex and out-of-wedlock pregnancies (and the associated social stigma associated with these), and poverty, linked with the perception of girls as an economic burden. In addition to these more widely known causes of early marriage, the widespread prevalence of severe and public sexual harassment in Bangladesh is gaining attention as an important, albeit lesser-studied cause of child marriage.



Child Marriage in Bangladesh: Birth and Marriage Registration (2013)

Forced and early marriage, Gender discrimination

This memorandum discusses the link between child marriage and birth and marriage registration. Section I of this memorandum focuses on birth registration, including the importance of registration, government and civil society birth registration initiatives in Bangladesh and the factors that perpetuate low rates of birth registration and recommendations for overcoming them. Section II briefly introduces marriage registration, the unreliability of which also contributes to Bangladesh’s high rates of child marriage.



Child Marriage in Bangladesh: Impact of Discriminatory Personal Laws (2013)

Forced and early marriage

This Memorandum discusses the impact of personal laws on the treatment of child marriage within Bangladesh. Bangladesh’s antiquated personal laws relating to marriage fail to protect children,reinforce support for early marriage, and directly contradict statutory law in Bangladesh. Examining Bangladesh’s current legal framework highlights the problematic influence that discriminatory personal laws have on the fulfillment of national and international obligations concerning child marriage.



Assessing the Impact of Mandatory Minimum Sentences on Sexual Offences in Tanzania (2013)

Gender-based violence in general, Sexual violence and rape, Statutory rape or defilement

With the goal of assessing the impact of mandatory minimum sentences for sexual offences in Tanzania, this memorandum provides a comparative study with a small sample of jurisdictions – including Canada, Kenya, Lesotho, Zambia, South Africa and Tanzania - to showcase how different countries have utilized mandatory minimum sentences to address sexual offences. It also explores whether imposing mandatory minimums has resulted in a reduction of the commission of the sexual offences they target.



Domestication of the U.N. Convention on the Rights of the Child and the role of national courts (2013)

Gender-based violence in general, Sexual violence and rape, Statutory rape or defilement

This memorandum describes several success stories from countries that have domesticated the Convention on the Rights of the Child into their national laws and also examines the role of the courts. In particular, this memorandum focuses on how Lithuania, Bangladesh and South Africa have implemented their laws and/or the role that the courts have played in preventing child abuse and exploitation.



Consultation Paper on Manmade Disasters (2013)

Gender violence in conflict

This consultation paper written for the Law Commission of India discusses whether there is a need for a specific legal apparatus to provide relief to the victims of tragedies and manmade disasters.



Problems in Prosecuting or Adjudicating Corruption Cases in Tanzania (2012)

Gender discrimination, Gender-based violence in general

This memorandum provides a brief overview of corruption in Tanzania and efforts taken by the government to address the problem. The memorandum also examines the problems that emerge in prosecuting or adjudicating corruption cases in Tanzania and the reasons corruption cases fail.



Proceeds of crime in Tanzania (2012)

Gender-based violence in general

This memorandum examines the rules governing forfeiture of proceeds of crime in Tanzania.



Problems Women and Child Victims and Witnesses Encounter in Sexual Offenses Cases in Tanzania (2012)

Gender discrimination, Gender-based violence in general

This memorandum examines the particular problems that women and children confront as vulnerable victims and witnesses in sexual offenses cases in Tanzania.



Exclusion of women from the legal profession in the United States of America, the United Kingdom and South Africa (2012)

Employment discrimination, Gender discrimination

This memorandum provides a brief overview of the key statutes, cases, and legal arguments that sanctioned the exclusion of women from the bar and, by extension, the bench, in the United States of America, the United Kingdom, and South Africa.



Rape in the Media (2013)

Sexual violence and rape

Case Summaries of High-Profile Rape Attacks & Analysis of the Societal Factors Surrounding Them



Class Action Litigation in the United States (2012)

Gender-based violence in general

This memorandum presents information regarding class action lawsuits in the United States, highlighting the importance of Rule 23 of the Federal Rules of Civil Procedure, outlining the most common types of class action lawsuits in the United States, discussing the pros and cons of using class action litigation, and briefly considering the practicality of utilizing the U.S. model of class action litigation in India.


Judicial Caseloads in the United States (2012)

Gender-based violence in general

This memorandum presents information about the caseload of courts in the United States. The memorandum discusses the structure under which the judicial caseload is broken down and provides the most currently available case statistics for both federal and state court systems. Appendices and references to supplemental resources are included and provide more extensive caseload information and statistics.



Public Policy Considerations of Child Domestic Labor and Exploitation of Child Domestic Workers (2010)

Gender-based violence in general, Harmful traditional practices

This memorandum examines the public policy considerations raised by child domestic labor and the exploitation of child domestic workers.



Resources Relating to Female Genital Mutilation (2010)

Female genital mutilation or female genital cutting

This memorandum provides some resources relating to Female Genital Mutilation.


Resources Relating to the Effects of Polygamy (2010)

Gender-based violence in general

This memorandum provides some resources on the effects of polygamy on women, men, children and society at large.


Agreements Between Cohabitants in Louisiana, U.S.A (2011)

Divorce and dissolution of marriage

This memorandum examines the definition of cohabitation and its effect upon agreements between cohabitants in Louisiana, U.S.A.



Exploitation of Child Workers in Bangladesh (2010)

Gender-based violence in general, Harmful traditional practices, Trafficking in persons

This memorandum examines the exploitation of child domestic workers in Bangladesh and the ties between child domestic labor and trafficking.



Problem-Solving Courts and Integrated Domestic Violence Courts in New York State (2011)

Domestic and intimate partner violence, Gender-based violence in general

This memorandum briefly outlines the history and structure of problem-solving courts in New York state, with a special focus on New York's Integrated Domestic Violence Court System.