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Gender and Access to Justice

Gender and Access to Justice. Gender and the Law, November 17th-18th 2011, St Lucia. Mary Stacey. Barriers to justice. Difficulties with proof and evidence Burden of proof in discrimination claims Statutory questionnaire procedure The drawing of inferences

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Gender and Access to Justice

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  1. Gender and Access to Justice Gender and the Law, November 17th-18th 2011, St Lucia Mary Stacey

  2. Barriers to justice • Difficulties with proof and evidence • Burden of proof in discrimination claims • Statutory questionnaire procedure • The drawing of inferences • Right to privacy v. public hearings and a transparent judicial process

  3. Sexual offences and criminal justice • Under reporting of sexual offences • Difficulties with police investigation and prosecution • Effective case management • Special measures at trial • Particular problems: consent and alcohol

  4. The role of the judiciary • Equal Treatment Advisory Committee • Judicial training in equality and diversity • Perception of court users: parties, witnesses, public, press & advocates • Impact on proceedings

  5. Particular problems of equal pay • Enduring pay gap between men and women • Job evaluation systems • Evolving workplaces and roles • Cost of litigation • Length of proceedings • Cost of settlement

  6. Public sector equality duty (1)

  7. Public sector equality duty (2)

  8. Public sector equality duty (3) “ An important reason why the laws of discrimination have moved from derision, to acceptance, to respect over the last three decades has been the recognition of the importance not only of respecting rights but also of doing so visibly and clearly by recording the fact.” R (Chavda) v Harrow LBC [2007] EWHC3064 (admin)

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