Women and Justice - Is There Justice for Women?

Abstract

We live in a democratic society governed by a constitution and the rule of law. The legal system in such a society is predicated on the assumption that all citizens, whatever their sex, race or religion, or their access, or lack of it, to wealth and power, are equal before the law and will receive equal and fair treatment by the law. To suggest that this is not true for any individual or social group is to question the very basis of our civil society, our democracy. Each citizen of this country is entitled to expect justice according to law. Women interact within the legal system in two major ways: as participants within it, and as citizens affected by it. The judicial system is the third arm of government and, like the legislative and administrative arms of government, affects each one of us even if we are not active participants in it. It is necessary therefore to examine the legal system to determine whether, and in what ways, women are treated unfairly or face discrimination within it because of their gender.