Movement to Gender Equality: Gender and the Law Legal Mechanism Local to Global and Global to Local International Law to Domestic Law Approach on Public Policies From NGOs to GOs to POs

Introduction to Legal Mechanism What is law? Statutory laws & legal provisions are created by the Legislative (Parliament, Congress, People Assembly) Source of Law (Rule of law) Written law Customary law General principles of law Law implementation depends on each society – legal system Gender and the Law

Legal Systems 2 major legal systems: Civil Law System/ Code Law System Common Law System/ Customary Law/ Case Law System Gender and the Law

Civil Law System/ Code Law System Legislation is the first priority and general law in the society Customary law can be used when there is no written law governs such issue Legal principles develop through normative approach – thinking becomes theory and becomes legislative by the assembly of people agreed upon. Gender and the Law

Common Law System/ Customary Law/ Case Law System The law of the commons – what people in the society believe is justice/fair becomes the law (Equity) Customary Law is first priority source of law – what people do and believe it is binding as a law And the legal principle adjusts from time to time according to the social change Gender and the Law

Common Law System/ Customary Law/ Case Law System Judge will find the principle on people practice and make decision – so called “Judge made law” system Legal research on what is legal reasoning in the court decision the later case has to follow the legal principle found by the previous case (Precedent Principle) so that the system is called Case Law System Gender and the Law

Legal System

Legal Families of the World Romano-Germanic Legal Family Started from Rome and widespread through out continental Europe: Germany, France, Italy, Spain Anglo-Saxon Legal Family Occurred in England and widespread through the British colonial: North America, Australia & New Zealand, India, Malaysia & Singapore Gender and the Law

Legal Families of the World Islamic / Religious Legal Family Legal system where religious belief dominates the law Islamic States use Sharia Court Some of Asia society – Manu Law Traditional Legal Family the indigenous society Gender and the Law

Litigation: Legal Mechanism as a Tool Law is a tool to protect your rights: use it properly Many kinds of tools: knife, guns, stick Implementation of law according to your problems Criteria to classify the law The ordinary law of the land – only Court of Justice I.e. UK, US: civil case and criminal case Gender and the Law

Litigation: Legal Mechanism as a Tool From Romano-Germanic System - law enforcement3 types: Criminal Law – Penal Code (execution, imprisonment, seizure, Civil Law – compensation Administrative Law – licensing, order for action & prohibit > injunction Gender and the Law

Court System & Jurisdiction In general legal system, we have 5 types of courts Constitutional Court – Supremacy of the Constitution: to guarantee people’s rights in the Constitution Court of Justice – Criminal & Civil Cases > law for ordinary people Administrative Court – at least one party in the case is administration Gender and the Law

Court System & Jurisdiction Military Court – when the military did something illegal Sharia Court – Islamic Court Gender and the Law

Criminal Law Criminal offense – harmful action against public security/ public interest = crime against public safety (against the State) Penalty on property, freedom, body & life Criminal penalty needs due process of law: fair trial Gender and the Law

Civil Law Law concerning relationship of people: personhood, property, contract, tort, family, succession Based on intention of person, freely act within the law Equal before the law No one can force the others to do against their will. Do no harm Gender and the Law

Public Law: Administrative Law The State responsibility – public service State retains police power So that, the State must exercise power according to the law The law comes from the people consents through people’s assembly (Congress or Parliament) Licensing & certificate – birth certificate, marriage Gender and the Law

Each type of law goes to different type of Court! Court of Justice: Criminal Case; Civil Case Administrative Court: the case against the governmental action Gender and the Law

Problem from the lawyers to gender equality Law making Implementation of law Gender and the Law

Local to Global and Global to Local From problems to critics then to movement Begins with cases to consciousness (of whom?) From issues to concepts: domestic violence, discrimination, reproductive rights Gender and the Law

International Law to Domestic Law Why do we need international law? How does international law function? Contract among the States > to be a party of the treaty = sign the treaty Ratification Gender and the Law

International Law to Domestic Law: what law is that? International Labor Organization CEDAW Gender and the Law

International Law to Domestic Law Duo System – have to adopt the content of the treaty into domestic law Member state can make reservation in some part Gender and the Law

Approach on Public Policies Gender Sensitivity Budgeting Quota – affirmative action Move by international conference Feminist Forum Gender Equality Gender and the Law

Gender and Development (GAD) What is "development"? How should we "develop"? What aspect of gender in development? What is a mechanism to achieve gender and development? Gender and the Law 24

What is "development"? what is good life? what is "good"? How? > intentionally? change and move forward? liberation of people liberalization of economies Gender and the Law 25

Who manage/provide sdg? UN World Bank IMF ADB INGOs & NGOs People & communities 26 Gender and the Law

SDG and gender equality UN Women http://www.unwomen.org/en/news/in-focus/women-and-the-sdgs/sdg-5-gender-equality UNDP http://www.undp.org/content/undp/en/home/sustainable-development-goals/goal-5- gender-equality.html Gender and the Law 27

DICNITY & PARTICIPATION DIMENSIONS OF RIGHTS DICNITY & PARTICIPATION WELL-BEING BODY & LIFE Election, Voting Right Environmental Right Mankind Education Work Healthcare Domestic violence Crime Gender and the Law 28

Legal tools: domestic law Constitution Private law: Civil & Commercial Law (Family Law, Property Law, Contract, Tort) Public Law: Criminal Law, Labor Law, Social Welfare Gender and the Law 29

Legal tools: international law ICCPR https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx ICESCR https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx ILO https://www.ilo.org/global/lang--en/index.htm CEDAW https://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx Gender and the Law 30

What's problems to the achievement ? World crisis aid money going towards natural disaster relief and military aid which do not further development how can we measure an achievement of "development"? 31 Gender and the Law

Assignment 7 pages of essay About gender inequality on – provision of law or implementation of law in your society 1 details about the case 2 your criticize on the case study Submit to email nuthamonk@yahoo.com 30 October Gender and the Law