Achieving holistic feminisation: A review of Women and the Judiciary in the Asia-Pacific

Abstract

Women and the Judiciary in the Asia-Pacific is an important contribution to the study of women judges around the world, in particular because it covers jurisdictions that have not yet been widely examined: India, Indonesia, Malaysia, Nepal, several Pacific Island nations, Sri Lanka, Thailand, and the Philippines. Each of the chapters covers the history of the appointment of women judges in the particular jurisdiction, as well as discussing current numbers of women judges and remaining barriers to appointment and promotion, including biases (at 278–82), gender stereotypes (at 42), family responsibilities (at 136–40), and flawed processes (including through nepotism and corruption) (at 252). Much of the discussion covers ground familiar from other studies.1 But the chapters remain rooted in the history and traditions of their particular jurisdictions, which will allow the pursuit of tailored solutions. One of the main themes of the book is that it is not sufficient just to appoint more women to the bench (“thin feminisation”) (at 4–9). What is needed are justice systems that are more broadly influenced by the perspectives of women (“thick feminisation”) (at 4–13). This means that what is required is the appointment of women judges who embody a “feminist consciousness” (at 10). It is not automatically the case that women judges will make feminist decisions (at 86–8).