The lived experiences of Women's identities and intersections in accessing social justice within the Ghanaian informal legal system: A phenomenological investigation

Abstract

In sub-Saharan Africa, there is insufficient formal justice infrastructure in many countries, so informal courts play a significant role. This paper examines the intersections of women's identities and access to social justice within Ghana's informal court system. Using an exploratory qualitative research approach, the study involved 15 women who utilised the informal court system. Findings indicate that traditional gender roles, social harmony-based adjudication, and the social consequences of court decisions on family households hinder women's access to justice. While these courts are accessible and affordable, their decisions primarily focus on reconciliation, failing to provide women with equal access to social justice. The study emphasizes the need for promoting gender equity, enhancing fairness in informal justice mechanisms, and creating supportive environments for women's access to justice. It suggests socio-legal reforms to address socio-cultural barriers and promote gender equality within informal justice systems.