1. 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

2. 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

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

4. 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

5. 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

6. 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

7. Legal System

8. 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

9. 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

10. 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

11. 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

12. 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

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

14. 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

15. 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

16. 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

17. 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

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

19. 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

20. 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

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

22. 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

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

24. 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

25. 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

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

27. SDG and gender equality
UN Women
UNDP
gender-equality.html
Gender and the Law 27

28. 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

29. 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

30. Legal tools: international law
ICCPR
ICESCR
ILO
CEDAW
Gender and the Law 30

31. 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

32. 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 30 October
Gender and the Law