Gender, Judging and the Courts in Africa

• 1. Introduction: Gender and judging across Africa: A case of old wine in new skins or new wine in old skins? PART I: Women and gender-related jurisprudence in the courts 2. An analysis of gender equality jurisprudence by Kenyan courts since the enactment of the 2010 constitution 3. To win both the battle and the war: Judicial determination of property rights of spouses in Ghana 4. "Judging" lesbians: Prospects for advancing lesbian rights protection through the courts in Nigeria PART II: Emerging gender issues in the courts 5. Femicide and judging: Social media as an alternative online court in Kenya 6. Judging beyond gender: Maternal and infant mortality as an emerging gender-related issue in Ugandan courts 7. Revenge pornography as a form of sexual and gender-based violence in Ghana: Emerging judicial issues 8. Litigating gender discrimination cases before the ECOWAS Community Court of Justice and the African Court on Human and Peoples’ Rights PART III: Judicial appointments and gender representation in regional bodies and national courts 9. The feminine face of the African Commission on Human and Peoples’ Rights 10. Pursuing gender equality through the courts: The role of South Africa’s women judges 11. One sauce for the goose, another for the gander: Zambian women judges and perceptions of illegitimacy PART IV: Judicial training and gender 12. Unlocking gender inequality through judicial training: Insights from Tanzania 13. Gender awareness training in Judicial Training Institutes in Kenya and Uganda PART V: COVID-19 pandemic and gender-related judicial issues 14. The COVID-19 pandemic, courts, and the justice system 15. Sexual and gender-based violence in Uganda during the COVID­19 pandemic: New and old lessons for the criminal justice system

"Judges play critical roles as custodians of law and justice. The judicial oath places a duty on judges to apply the law equally, and without fear or favor. The generally held view on gender and judging however, indicate that the law may not always be applied fairly in matters relating to women and other minorities. This book comes at a time when the world is reawakening to discussions on the rights of women, especially during the Covid-19 pandemic. The chapters provide theoretical and practical analyses and entry points for expanding our understanding of how judges apply the law and the potential for judicial interpretation to either promote women’s rights or diminish them. This book is a must-read for judicial officers, gender advocates, experts interested in judicial policy, judicial training, and judicial institutional development. It touches on issues at the intersection of gender, law, and development across Africa."Justice Georgina Theodora Wood (Rtd) (SOG, LLD (honoris causa), Former Chief Justice of the Republic of Ghana"A rich, timely, thoughtful, lively and diverse compendium of papers examining the multiplicity of questions at the core of constitutional rights and freedoms across the African continent today. The book excellently captures the main issues raised at the conference in Arusha which illuminated the gaps in law and practice towards full and meaningful achievement of women’s rights. It highlights the slow but steady advances being made in the gender awareness of judges in Africa, while calling to action the need for more gender-sensitive training for judicial officers."Justice Albie Sachs (Rtd.), Constitutional Court of South Africa