The Wireless Past

Bloom, Emily C.

doi:10.1093/acprof:oso/9780198749615.001.0001

Cited by 31 publications

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“…That distorts the reasoning and judgment, at the risk of yielding unfair, partial or poorly reasoned decisions. 103 The role of the judge is not to be responsive to the relative urgency of the parties' present needs and interests and "balance" empathy toward the parties, but rather simply apply the legal norms properly to the case. From this point of view, the panel effect of female judges may give further ground for concern-for instance that in some domestic courts, to have a women on the bench deliberating in gender discrimination cases moves the entire panel in the direction of the plaintiff.…”

Section: Compassion Challenges Impartiality?mentioning

confidence: 99%

“…105 Compassion is understood as the judge's ability, energy, and commitment to be concerned with others' circumstances and experiences, and to identify the relevant facts and legal norms, rather than empathy in the sense of shared emotional experience. 106 At least two responses seem appropriate regarding the value of compassion for international judges. The need for such compassion among judges is not inconsistent with applying the law.…”

Section: Compassion Challenges Impartiality?mentioning

confidence: 99%

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How many women judges are enough on international courts?

Føllesdal

2021

Journal of Social Philosophy

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The African Court of Human and Peoples' Rights (ACtHPR) made history on August 27, 2018. The majority of its judges were female-six of 11, and the first among international courts and tribunals (ICs) to secure sex parity-that is, numerical equality. 1 This achievement is even more remarkable given that only 23% of the judges and arbitrators of the ICs are women. 2 The milestone also prompts us to consider more closely what considerations of legitimacy entail about the proportion of women international judges.The present composition of ICs is clearly under legal, social, and political control, and ICs have profound effects. The persistent underrepresentation of women is especially striking since not only civil society groups, but also the states who nominate and establish election procedures have agreed several treaties that require or urge a balance of gender representation. 3 So it would seem that the parity achieved by the ACtHPR should be applauded. However, that IC may now be even more gender equal than we may have reason to require of a legitimate IC-or so this article argues. A less egalitarian composition within a "parity zone" of approximately 40% of either of the main sexes seems to suffice.The present reflections considers various possible arguments offered concerning the impact of gender inequality on the international bench, drawing in part on studies of domestic judiciaries, as well as on available research and reflections by practitioners and women international judges. 4 Several arguments support calls to increase the proportion of female international judges-but how far? Section 2 addresses some background issues: first concerning the terms "feminism," "sex," and "gender," then, the tasks of ICs that should lead us to question the present sex inequality on the international bench.

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Section: Compassion Challenges Impartiality?mentioning

confidence: 99%

Section: Compassion Challenges Impartiality?mentioning

confidence: 99%