In order for women and girls to exercise their most basic rights – including the right to make decisions about their own bodies – they must have equitable access to justice. Yet many justice systems are failing them. In fact, women worldwide have only 64 per cent of the legal rights that men hold.
While many countries have made progress in passing laws to uphold sexual and reproductive rights and safeguard bodily autonomy, no nation has achieved true equality under the law for women and men. In light of this, the theme for International Women’s Day is: “Rights. Justice. Action. For ALL women and girls.”
Discrimination against women and girls remains common, particularly when it comes to sexual and reproductive health laws. For instance, in nearly a quarter of countries around the world, women and adolescents are legally required to obtain consent from a third party, such as a husband or parent, to access contraceptive services. Legal systems are also failing to address gender-based violence facilitated by technology. Despite the global proliferation of this form of violence, it is seldom criminalized or prosecuted.
Even where legal frameworks exist, laws are often not implemented or enforced. Gender-based violence is one of the world’s most pervasive human rights violations, yet most of these crimes go unpunished when reported. Reasons include underfunded services, obstacles to accessing courts and legal aid, and systems that retraumatize or even criminalize survivors. This denies justice to women and girls, especially in crisis settings.
Justice for sexual and reproductive rights must move from legal mandate to lived reality. That means courts and legal services must be not only accessible by women, girls and all other marginalized people, but also accountable to them.
