Global Judicial Integrity Network Updates Special Edition 'Views' Review | Page 13

VIEWS
Adjudication is enhanced by the presence of
women who bring to the fore considerations that
would not have been taken into account in their
absence; the scope of the discussion is hence
enlarged, possibly preventing ill-considered or
improper decisions. By elucidating how laws
and rulings can be based on gender stereotypes,
or how they might have a different impact on
women and men, a gender perspective enhances
the fairness of adjudication, which ultimately
benefits both men and women. All judges
should strive to bring a gender perspective to
adjudication.
The issue of judging with a gender perspective
has been a special focus of the International
Association of Women Judges, a non-
governmental association with over 6,000
members in more than 85 countries worldwide.
Only by identifying bias in a purposeful and
systematic way can it be eliminated. Over
the years, our members have participated
in judicial training on the interpretation and
implementation of law in a manner that is free
from gender bias and conforms to international
and regional treaties and conventions. At
four recent annual international conferences,
sponsored by the National Supreme Court
of Justice of Mexico, hundreds of judges —
men and women — have engaged in rigorous
analysis and thoughtful discussion of court
decisions from around the world regarding
gender bias. It is an ambitious and inspiring
commitment to gender equality at the highest
level of the judiciary.
to this problem with regards to the judiciary,
diversifying the life experiences of those who
adjudicate cases improves the probability that
biases and misunderstandings will be checked.
Changing the long-established demographics
of a court can make the institution more
amenable to consider itself in a new light, and
potentially lead to further modernization and
reform. As a court’s composition becomes more
diverse, its customary practices become less
entrenched; consequently, the old methods,
often based on unstated codes of behaviour, or
simply inertia, are no longer adequate. This
can be an auspicious time for careful review, for
the adoption and implementation of updated
codes of judicial conduct and for training judges
according to norms that are clearly stated. The
presence of new faces, with new voices, is often
the most compelling spur to look at things
afresh and make changes long overdue.
The International Association of Women
Judges is already working, and ready to join
forces with others, towards a stronger ethical
judiciary.
Judicial independence is prized because it
creates the space necessary for impartial
judgment, but it does not ensure impartial
judgment. We know that being sworn in as
a judge does not magically insulate us from
biases and misunderstandings, something
all human beings carry as a result of their
particular experiences. As neurologists and
psychologists have shown us, we are all plagued
by unconscious or implicit biases unknown even
to ourselves. While there is no simple antidote
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