The argument of the chapter is that decision making of justice professionals in cases of gender-based violence is shaped by multiple factors; while certain limitations may be inevitable, there are others that are needless and should be overturned to enhance the quality of decision-making. The issue extends beyond mere legislation and the politics of presence; it encompasses the construction of gender within a profession and by justice professionals. This chapter embraces a critical approach of essentialist arguments concerning the feminization of the judiciary and highlights that support for gender equality, and better justice outcomes for women occur under certain conditions. Gender knowledge embedded in the training and education of justice professionals represents an essential condition to deliver justice for victims of gender-based violence or other gender based offences. The chapter underscores that essentialist expectation from women justice professionals may not be the pathways towards delivering gender justice when one accounts for the role of the societal conservative gender regime and the confinements of the profession. The problem appears to be not so much the feminization of the profession, but rather women’s inclusion in a domain that reproduces structural gender inequalities in terms of legal education and profession.

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Overcoming Gender Bias in the Justice System’s Response to Violence: A Call for Enhanced Academic and Professional Training

  • Oana Băluță

摘要

The argument of the chapter is that decision making of justice professionals in cases of gender-based violence is shaped by multiple factors; while certain limitations may be inevitable, there are others that are needless and should be overturned to enhance the quality of decision-making. The issue extends beyond mere legislation and the politics of presence; it encompasses the construction of gender within a profession and by justice professionals. This chapter embraces a critical approach of essentialist arguments concerning the feminization of the judiciary and highlights that support for gender equality, and better justice outcomes for women occur under certain conditions. Gender knowledge embedded in the training and education of justice professionals represents an essential condition to deliver justice for victims of gender-based violence or other gender based offences. The chapter underscores that essentialist expectation from women justice professionals may not be the pathways towards delivering gender justice when one accounts for the role of the societal conservative gender regime and the confinements of the profession. The problem appears to be not so much the feminization of the profession, but rather women’s inclusion in a domain that reproduces structural gender inequalities in terms of legal education and profession.