This year the focus of Independent Media's annual #dontlookaway campaign during the 16 days of Activism for No Violence against Women and Children is #talk2yourboys. The goal is to focus on the male youth, educate and teach boys to become better men and in so doing, break the cycle of gender-based violence. Today we are talking to members of the judiciary.
Dear member of the judiciary
- Have you been biased, unfair and discourteous towards any woman during the exercise of your professional conduct on the basis of gender?
- Have you at any point or do you regularly discount the perspectives of female witnesses and treat them contemptuously?
- While in court, do you wilfully conduct unnecessary and unreasonably protracted cross-examination of women who have made allegations that they have been victims of gender-based violence?
- Do you reject or disregard the fact that the traditionally patriarchal structure of the judicial system can and often does treat men and women completely differently, even under similar circumstances?
- Do you dismiss or scoff at the fact that the historical exclusion of women from the justice system has developed a culture in our society of trivialising crimes against women?
- Do you neglect to consider, or wilfully disregard the fact that the normalisation of abuse against women – emotionally, physically and psychologically – impacts on the vigour and urgency with which GBV and sexual violence crimes are prosecuted?
- Do you trivialise or have no regard for the extent to which women have access to both the material and broader resources to claim and enforce their constitutional rights?
- Have you ever had the opportunity to facilitate or create enabling policy or mechanisms that would assist victims of sexual violence to lay claim to their rights, but turned your back on it?
- Do you deliberately use explicit, demeaning and hurtful repetitions of unnecessary questions to women under the guise of doing your job?
- Do you disregard or fail to take into account the subtle or even overt prejudices from our segregated past that still taint our society when considering the seriousness of any offence, but particularly crimes committed against women?
Most people in their lifetime end up in court for some reason or another. It can be for something as simple as a parking ticket, or as a witness to an accident.
It is however in the scope of violent crimes against women, including rape, where there is still overwhelming concern that victims of GBV are oft en treated as the culprits, or made to feel that way, and that such cases are considered less important.
In a society beset with prejudice, toxic masculinity, GBV and femicide, women need to know that they will be respected and their allegations will be taken seriously when they get to court.
Judicial independence is a requirement demanded by the Constitution – not in the interests of the judiciary – but in the interest of the public.
This protection is intended to instil in the public solid confidence that judges are able to perform their duties without fear or favour.
The Constitution formally recognises all citizens as equal, and guarantees us all regardless of race, gender, religion or station in life, the right to equal protection and benefi ts under the law. It guarantees our freedom and security.
This includes the freedom from all forms of violence, whether it be at the hands of state officials such as the police, or any member of the public. Interpreters, lawyers, advocates, senior counsel, prosecutors, assessors, judges all have a duty to ensure that victims of sexual violence are not made to feel as though they are being persecuted during the trial process.
If, as a member of the judiciary, you ticked any number of the boxes above, it is time for introspection to see how you can do things differently going forward.
#DontLookAway. Take the Legal Practitioner's Pledge
To all the women and children who have to appear in court because you have been a victim of gender-based crimes, I pledge to reflect on and be constantly mindful of the stereotypes and prejudices that women are still subjected to within the legal system.
I am aware that our society trivialises crimes against women and normalises GBV, and that this all too oft en impacts on how violence and sexual crimes are treated and prosecuted.
I pledge to work tirelessly to change that, and to intervene when I witness it for myself.
I pledge that I will not make myself guilty of unnecessarily and unreasonably subjecting women who have brought forward allegations of GBV, to protracted cross-examination and bullying.
I pledge to not use explicit repetitions or unnecessary questions in an attempt to embarrass and humiliate you, or to undermine your self-worth.
I pledge that a person’s standing, gender, race or religion will in no way influence any matters I am involved in, especially cases of GBV.
I promise to encourage anyone who wants to report acts of violence and sexual crimes, to do so, in the knowledge that the judicial process will give them no cause for fear, intimidation and ridicule.
* GET INVOLVED! Take one of our pledges and send your video via Whatsapp to 074 557 3535 or join the conversation on social media using using the hashtags #DontLookAway and #talk2yourboys.