Women’s Rights to Access to Justice: Challenges and Opportunities at Grassroots Level in Oromia Regional State

Abstract

Women face barriers to access justice that emanate from the
absence, inadequacy or manipulation of evidence presented to
formal courts, as well as limited participation and representation
in the customary justice system and concomitant discriminatory
customary laws and practices. This article examines the
legislative mechanisms of addressing barriers to women’s access
to customary justice and its implementation at the grassroots
level in the Oromia regional state of Ethiopia. Using a qualitative
research approach, the study explored the gender sensitivity of
the legislative mechanisms designed to enhance access to
customary justice at the grassroots level and their
implementation. Legislation on customary court enacted by the
Oromia regional state, empirical data collected using
observation, interviews, and reports from Gelan ,Handode
districts and the Gelan sub-city of Sheger City, are the data
sources. The study uses a human rights-based approach to
access to justice and the principles of gender- sensitive
legislation as the theoretical framework. Gaps in using gender
sensitive language in framing legislation on customary courts is
one factor that inhibits women’s equitable representation and
participation in the customary justice system during the
implementation of the legislation. The paper argues that gendersensitive
approach in making legislation on customary courts
contributes to gender sensitive implementation addressing
barriers to women’s access to justice.
Key Words: Women, Access to justice, Customary Court, Gender
sensitive legislation