How can legal systems in the Asia-Pacific region be reformed to ensure that men and women receive equal treatment under the law? This report argues that despite the region’s success in legislating against gender discrimination, Asia-Pacific still lags behind in the many basic issues of gender equality. Reforms must address both the overt discrimination that characterises many legal systems and the unspoken norms that limit women’s rights and access to justice.
Most legal systems in Asia-Pacific have been subject to competing influences, from colonialism to domestic demands to international human rights standards. This partly explains why many have ended up with contradictory or archaic statutes and discriminatory practices. Despite constitutional provisions on equality before the law, gender norms seep into legal systems unnoticed and unchallenged. This means that women and men experience the same laws and legal systems differently.
The Asia-Pacific now has more laws supporting the advancement of women than at any point in history, but in much of the region legal norms and practices allow – and even encourage – discrimination. Some countries have taken great strides in enshrining gender equality in their constitution and other laws. However, there are often gaps in legal systems in relation to issues such as domestic violence and other forms of violence against women. Further:
- Custom, tradition, and/or religion can be a source of discriminatory gender norms that at times affect systems of justice, even in ‘modern’ societies.
- Contradictions in laws commonly arise when constitutions offer loosely-defined promises of gender equality or non-discrimination.
- Allowances for diversity undercut women’s rights by allowing minority communities to follow their own personal laws that are often discriminatory toward women.
- Discrimination against women in economic and social rights has increased in developing countries in the region. Gender-specific barriers often prevent women from getting to court or to other judicial mechanisms and from finding fair judgments once they are there.
Gender biases in the legal process need to be uncovered, so that both the substance of laws and how they are upheld become powerful tools to advance equality. This includes adhering to the principle of the rule of law and applying corrective measures to redress past discrimination. While no single strategy can correct the unequal experiences of men and women have in the region’s legal systems, there are steps that can be taken to minimise discriminatory practices:
- Achieve inclusiveness through legislative reforms using entry points like international norms, constitutional provisions, judicial practices, progressive religious interpretations, and public opinion
- Initiate legal challenges to establish precedents for reversing gender discrimination
- Build on the power of civil society activism, using their popular legitimacy, political influence, and their issue-specific expertise to spearhead campaigns
- Promote awareness of discriminatory practices, generating popular support for cultural shifts in the perception of women and their status in society.
