With the Declaration in mind, the
Advisory Board of the Global Judicial Integrity Network developed the Network's 2018-2019 workplan and decided to use the potential of the Network to raise awareness among judges and judiciaries about particular integrity challenges, including gender-related integrity issues, such as sextortion and sexual harassment. To this end, the Advisory Board envisaged the development of a dedicated issue paper on existing practices, cases, and experiences in training and accountability, as well as expert consultations in the context of the Network.
In December 2018,
an expert group meeting was organized with the aims of: (
i) discussing a first draft of the issue paper drafted by UNODC's expert consultant; (
ii) gathering additional cases and resources, with a view not only to enriching the issue paper, but also to
disseminating the resources through the Network's online library and other channels; and (
iii) making recommendations on how to develop national and regional standards on gender-related judicial integrity issues and, in particular, how the Global Judicial Integrity Network could assist judiciaries in this endeavour.
The present issue paper aims to examine the ways in which gender-related issues may affect judicial integrity and the adequacy of existing safeguards in promoting appropriate conduct and taking corrective action with respect to inappropriate conduct. That inquiry begins with consideration of the term "gender-related integrity issues" and the ways in which gender plays a role in the integrity of judicial conduct and decision-making, court administration, and public perceptions of the judiciary.
Gender-related judicial integrity issues take many forms, including sextortion, sexual harassment, sexual discrimination, gender bias, unequal gender representation, gender stereotyping, or inappropriate sexual conduct. While some gender-related conduct might be seen as more offensive or egregious than other conduct, none of it is compatible with the principles of judicial ethics. Judges are expected to set an example for the rest of society and are held to a higher standard of conduct that is defined, not by what is lawful or intentional, but also by what is ethical. Lawful conduct may still lack integrity and undermine public trust and confidence in the judiciary. Conduct that reflects lack of knowledge or unconscious bias may still be inappropriate, unfair, and harmful.
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