CEPIA congratulates the initiative of the National Council of Justice (CNJ) and the National School for Training and Improvement of Magistrates (ENFAM) in drafting a Protocol for Judging with a Gender Perspective 2021.
The text of the Protocol had as a reference the Protocol to Juzgar con Perspectiva de Género (to judge with a gender perspective), conceived by the State of Mexico after determination of the Inter-American Court of Human Rights.
Gender and racial stereotypes and biases in the judicial system have far-reaching consequences for women’s full enjoyment of their human rights, impeding women’s access to all areas of law, affecting the credibility of their voices, arguments and testimony.
According to CEDAW Recommendation No. 33, “stereotypes distort perceptions and result in decisions based on preconceived beliefs and myths rather than on relevant facts. Judges often adopt rigid standards of behavior that they consider appropriate for women, penalizing women who do not conform to these stereotypes.
This protocol assists in the interpretation of judges with a gender perspective, as well as in the application of laws, in all areas of law.
Gender and racial stereotypes compromise the impartiality and integrity of the justice system. It should be noted that this protocol is another instrument to achieve gender equality, Sustainable Development Goal – SDG 5 of the UN Agenda 2030, to which the Brazilian Supreme Court and the National Council of Justice have committed themselves.
The recommendations in these areas are aimed at “ensuring a process governed by impartiality and fairness, aimed at overturning discrimination, prejudice and evaluations based on stereotypes existing in society, which contribute to injustices and violations of women’s fundamental rights.”