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To “Mother” or not to “Mother”: The Representative Roles of Women Judges in Ghana

Published online by Cambridge University Press:  22 November 2016

Josephine J Dawuni
Josephine J Dawuni*
Affiliation:
Howard University, Washington, DC
*
[email protected]
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Abstract

Feminist scholars have debated questions of gender and judging by focusing on variables such as representation, difference, diversity and legitimacy. While illuminating, most of these studies are by scholars in the global north. More research is needed to understand issues of gender and judging in the global south. This article adds to existing literature by asking whether women judges promote women's rights. Through in-depth interviews with women judges in Ghana, the article demonstrates that women judges do promote women's rights. The article presents a new method of analysis: exploring the dichotomy between direct and indirect modes of representing women's rights. Recognizing the importance of substantive representation and the contributions of female judges in promoting women's rights, it argues that female judges are not a sufficient condition for promoting women's rights. Necessary conditions include laws guaranteeing women's rights, working partnerships with women's civil society organizations and an enabling socio-cultural climate.

Keywords

Female judgesGhanajudiciaryrepresentationwomen's rights
Type
Research Article
Information
Journal of African Law , Volume 60 , Issue 3 , October 2016 , pp. 419 - 440
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Copyright
Copyright © SOAS, University of London 2016 

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25 Based on information received from the Judicial Service of Ghana at the time of the interviews, it is estimated that, out of a total of 326 judges, magistrates and career magistrates in Ghana, only about 80 are women. Due to the lack of proper record keeping, the exact numbers of judges could not be obtained from the Judicial Service. The total of 326 includes career magistrates who are often not considered to be judges.

26 Career magistrates are a recent development in Ghana, introduced in 2003 in response to the dearth of judges in district courts. They include people who do not necessarily possess a law degree. After two years training at law school, they qualify to serve as judges, but are not promoted to higher courts. They were introduced to help deal with the heavy caseload, which had often resulted in delays to the effective administration of justice.

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