Gender and Racial Issues in Gender and Racial Issues in Legal Education: LAW AS Legal Education: LAW AS MECHANISM FOR SOCIAL MECHANISM FOR SOCIAL

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Omoyemen Lucia Odigie-Omoyemen Lucia Odigie-EmmanuelEmmanuel

Co-presenter(s): Co-presenter(s): Valorie Vodjik, Chloryne Dewi, Dr. Valorie Vodjik, Chloryne Dewi, Dr. Ogugua Ikpeze, Maria Quezada Ogugua Ikpeze, Maria Quezada

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SESSION PLANSESSION PLAN

1. LEAD PRESENTATION- GENDER & RACIAL ISSUES IN LEGAL EDUCATION: SETTING AN AGENDA FOR ACTION

2. GENDER & RACE ISSUES IN GENERAL LITIGATION CLINICS

3. GROUP DISCUSSION/EXERCISE4. GENDER CASE STUDIES-NIGERIA DOMINICAN REPUBLIC &

SESSION OBJECTIVESESSION OBJECTIVETo stimulate participant to articulate the root

causes & nature of gender and racial issues that arise in legal education and the justice sector.

To stimulate discussion on how gender and racial justice outcome can be integrated as value components in law school curricula, pedagogy & Litigation Clinics.

And to stimulate participants to brainstorm on practical methodology and exercises for use by law schools in educating lawyers for equality, non-discrimination and gender justice.

To review specific case studies from Dominican Republic & Nigeria.

SESSION OUTCOMESESSION OUTCOMEA stand and an agenda for audit and action Articulation of the root causes & nature of

gender and racial issues in legal education & impact on justice.

Articulation of how gender and racial justice outcome can be integrated in law school curricula, pedagogy & litigation clinics.

Developed practical methodology and exercises for educating lawyers for gender quality, non-discrimination and gender justice.

GENDER & RACIAL ISSUES IN GENDER & RACIAL ISSUES IN LEGAL EDUCATION: SETTING AN LEGAL EDUCATION: SETTING AN

AGENDA FOR ACTIONAGENDA FOR ACTIONOmoyemen Lucia Odigie-Omoyemen Lucia Odigie-

EmmanuelEmmanuel

PAPER OUTLINEPAPER OUTLINE

INTRODUCTIONCONCEPTUAL CLARIFICATIONWHY MAINSTREAM GENDER IN LEGAL EDUCATION AND THE JUSTICE SECTOR?

THE ROLE OF LAW SCHOOL IN CONTROLLING GENDER AND RACIAL INEQUALITIES

VALUES IN LEGAL EDUCATIONCONCLUSION & AGENDA FOR ACTIO

INTRODUCTIONINTRODUCTIONDespite international framework to promote equality, non-discrimination and justice, issues of gender & racial inequalities, discrimination and injustices abound.

They are linked to gender & racial stereotype and learned values.

Underlying every act of gender or racial bias in the legal sector and at stages of the justice system is a stereotyped perception, choice and action or inaction motivated by someone’s mental picture, opinion, attitude, judgment and believe about men, women and people of other race influenced by cultural and social perception and construction.

From childhood every boy and girl is influenced by gender or racial bias inherent in communication and action of caregiver and other people around them.

Gender & racial bias in our legal system is dangerous because they are blind, not deliberate.

PERSISTENCEPERSISTENCE

Lack of attention to the root causes and underlying stereotypes.

INTERVENTIONSINTERVENTIONSSeveral instruments have emerged globally to change socially unacceptable attitudes and deal with issues of discrimination which affects men and women; and results in their being treated differently on the basis of their sex or race.

Legal control of Gender and racial equality is rooted in the right to equality recognized in several legal documents at the international, regional and national level.

SEE SUMMARY CHECKLIST

PREVENTION OF PREVENTION OF DISCRIMINATIONDISCRIMINATION United Nations Declaration on the Elimination

of All Forms of Racial Discrimination. International Convention on the Elimination of

All Forms of Racial Discrimination Declaration on Race and Racial Prejudice Declaration on the Elimination of all forms of

Intolerance and of Discrimination based on Religion or Belief

International Convention on the Suppression and Punishment of the Crime of Apartheid

International Covenant against Apartheid in Sport

Discrimination (Employment and Occupation) Convention

Convention Against Discrimination in Education

Equal Remuneration Convention

CONCEPTUAL CLARIFICATIONCONCEPTUAL CLARIFICATION

Approaches to framing the concept of gender equality and non discrimination, intervention strategy and vision for change has been influenced by interpretation and standpoint of researchers.

CONCEPTUAL CLARIFICATIONCONCEPTUAL CLARIFICATIONSome interesting SOT (vision) on Non-discrimination and Gender Equality.

The Inter American Court of Human Rights in of Karen Atala and Daughters Vs Chile

Verloo and Lombardo Analysis

Critical Race Theory -Tracy Lachica et al

The Inter American Court of Human Rights on the right to equality and non-discrimination.

Prohibition of any arbitrary difference in treatment (distinction, exclusion, restriction, or preference).

Obligation to create conditions of real equality for groups that have historically been excluded and are at greater risk of suffering discrimination

The first SOT-equality as sameness and advocate for equal opportunities and inclusion.

The second SOT -gender mainstreaming as a strategy to reverse and transform established norms or stereotypes influencing and determining what is considered male or female.

The third SOT-focuses on providing a critical theoretical and methodological framework for studying diversity (with the concept of gender equality) through an in-depth analysis of the different dimensions of a policy discourse focused on different representations about the problem of gender equality and the solution to same.

CRITICAL RACE THEORYCRITICAL RACE THEORYCritical race theory is an evolving

methodological, conceptual, and theoretical construct that attempts to disrupt racism and dominant racial paradigms in education by challenging and dismantling prevalent notions of fairness, meritocracy, color-blindness, and neutrality in the education of racial minorities (Parker, Deyhle, and Villenas, 1999).

Strength -integration of marginalized voices who have experiential knowledge.

Weakness -overlapping and intercepting several issues which should best x-rayed and understood separately.

CONCEPTUAL FOUNDATIONCONCEPTUAL FOUNDATION

Aligns with 2 SOT. This flows from the recognition that there is a need to focus on reversing the root cause of gender & racial inequalities and discrimination instead of dealing with interpretations.

THE ROLE OF LAW & LAW SCHOOLS THE ROLE OF LAW & LAW SCHOOLS IN CONTROLING INEQUALITIESIN CONTROLING INEQUALITIES

Law schools must focus on building students with the right value to function as agents of social change.

Martha Minow in Legal Education: Past, Present and Future states that “Like law itself, law schools have the capacity to retain traditions and to enable change, to protect expectations and to inspire reform”.

PROGRESS ANALYSISPROGRESS ANALYSISDevelopments since the initial situation of 1899 when Harvard Law School rejected a female applicant because according to Langdell “the law is entirely unfit for the feminine mind—more so than any other subject.”

One of the findings of the Philippine Committee on Gender Responsiveness in the Judiciary is that “Few law schools discuss gender and the law, and gender issues in the court system”.

EQUALITY INITIATIVESEQUALITY INITIATIVES

So far, initiatives to ensure gender & racial equality have taken one or a combination of more than one of the following:

Joint degree programmes in Law and women’s study

Joint degree programmes in gender & Race

Law schools with feminist law journalLaw schools with feminist legal clinicsFeminist Legal Advocacy organizations

LAW SCHOOLS :CATALYST FOR LAW SCHOOLS :CATALYST FOR VALUE REOREINTATION VALUE REOREINTATION

Axiology recognizes that individuals are subject to changes in their environment which results in changes in their value system.

In other words, changes in the world’s way of doing things will reflect in changes in values which ultimately reflects in choices, decisions and actions. This has resulted in the recommendation of value education.

Values influence most if not all motivated behavior.

Almost any behavior has positive implications for expressing, upholding, or attaining some values.

People tend to behave in ways that balance their opposing values. They choose alternatives that promote higher as against lower priority values’. (Shalom H. , “Basic Human Values: An Overview” The Hebrew University of Jerusalem, P.16-17)

 

Education is a political act that goes beyond the building, transmission, and assimilation of knowledge.

Pedagogy, methods, and teaching techniques cannot be neutral in terms of values and aims, but rather exist in connection with certain objectives.

(Marcelav. Rodriguez, “Pedagogy And Law: Ideas For Integrating Gender Into Legal Education” Journal Of Gender, Social Policy & The Law [Vol. 7: 267)

 

law school can be a place where moral judgment is developed and character formed. It implies that new values can be acquired during the law school programme which will align stereotypes with gender justice and equality expectation.

(As Burridge and Webb states in their work “The Value of Common Law Legal Education”)

in line with Romans 12:2

DisagreeMENT with Wes Pue’s argument about the neutrality of law.

Have legal institutions taken a stand?

Rules of professional conduct

Wrong gender values can be unlearned during law school training and a consciousness of non-discrimination and gender equality learnt.

A common ground in legal education are rules/codes of professional conduct in the legal profession.

An assessment of the rules/codes of professional (American, Canadian, Nigerian, Netherlands and the UK.

Canadian Rule is strong on discrimination and equality as ethical values to guide professional.

“The lawyer shall respect the requirements of human rights and constitutional laws in force in Canada, and in its provinces and territories. Except where differential treatment is permitted by law, the lawyer shall not discriminate with respect to partnership or professional employment of other lawyers, articled students or any other person, or in professional dealings with other members of the profession or any other person on grounds including, but not limited to, an individual’s ancestry, colour, perceived race, nationality, national origin, ethnic background or origin, language, religion, creed or religious belief, religious association or activities, age, sex, gender, physical characteristics, pregnancy, sexual orientation, marital or family status, source of income, political belief, association or activity, or physical or mental disability”

the Canadian Bar Association, Code of Professional Conduct , 2006 : Ottawa ,115, www.cba.org Chapter XX Non-Discrimination

RETHINKING Bradney’s argument that “a liberal education does not determine which values a person must choose but it does determine the method by which those values are chosen and defended.

RETHINKING Dichotomy of education in value and about value.

ADVOCATES FOR a practice based approach to teaching legal ethics & developing a moral compass which will enable the students to explore values. Alasdair MacIntyre, “After Virtue: A Study in Moral Theory” (2007) University of Notre Dame Press, p xv

Clark Cunningham “How Can We Give up our Child? A Practice-Based Approach to Teaching Legal Ethics” (2008) 42 Law Teacher: The International Journal of Legal Education

I totally agree with Alasdair MacIntyre and Clark Cunningham that a practice-based methodology is best for teaching legal ethics and advocate for same to be applied in teaching gender equality and non-discrimination as values in legal education but will not limit the particular strategies to those they have suggested.

CONCLUSION & AGENDA FOR CONCLUSION & AGENDA FOR ACTIONACTIONGender inequalities, discrimination and

injustices are evident in all aspects of justice sector and must be checked if the legal system and the justice sector must live up to the expectation of the common man. Education for gender equality and non discrimination is imperative and must form an aspect of value education and must reflect in all aspect of clinical legal education whether in class or clinics. This is essential to shape new lawyers and equip clinicians to deal with issues of gender inequalities and discrimination that come to clinics and enable students to take a stand early.

For an effective outcome it is essential that rules of professional contain provisions on gender equality and non discrimination. In the face of its absence in the rules/ codes of professional conduct of most jurisdiction, it is essential for law schools to take affirmative action by integrating topics on equality and non discrimination in its induction programme, clinic curriculum and in ethics/ value training component. In sum, any proactive agenda must include some of the following:

AGENDA FOR ACTIONAGENDA FOR ACTIONGender Audit/ Self Assessment Exercises/ Gender Needs Assessment (Faculty, Programme and Student)

-Guided gender and non discrimination self audit using analysis of problem questions, Case Study/ Hypothetical (designed to enable students identify and confront value conflict and test sensitivity)

- Discussions and debates on Gender and racial issues in Legal Education

-Sensitization of gender and race terminologies

-Confronting stereotypes to take a stand through story writing on gender value conflict generated by students (life or hypothetical) with Story analysis and discussions

-Integrating gender & non discrimination in Faculty Vision or Plan and Curriculum

-Language (-participatory discussions in which students and teachers listen for an expression of value in speech)

PRESENTATION 2PRESENTATION 2

GENDER/RACE CONCERNS IN GENERAL LITIGATION CLINICS

VALORIE VODJIK

GROUP DISCUSSION/EXERCISE15 MINUTES

GROUP 1GROUP 1IDENTIFY GENDER AND RACIAL ISSUES EVIDENT IN LEGAL EDUCATION AND THE JUSTICE SECTOR AND DISCUSS THEIR ROOT OR UNDERLYING CAUSES.

RECOMMEND ONE PRIORITY ACTION IN promoting equality, non-discrimination and gender justice in legal training.

Suggest 3 items to be included in a clinical legal education curriculum aimed at promoting gender equality and non discrimination.

GROUP 2GROUP 2-Do gender and race feature in your

class and activities and Interactions ?discuss how such Gender & Racial Issues are dealt with.

-Examine your institutions vision, mission for its gender sensitivity.

RECOMMEND ONE PRIORITY ACTION IN promoting equality, non-discrimination and gender justice in legal training.

Suggest 3 items to be included in a clinical legal education curriculum aimed at promoting gender equality and non discrimination.

GROUP 3GROUP 3List on one side legal skills being imparted and on the other side the values and attitudes being inculcated by YOUR institution's legal training.

How can legal curriculum, education and activities contribute to achieving a global goal of gender equality and non discrimination.

GROUP 4GROUP 4Discuss issues in exercise received &

generate a model exercise that can be used in educating students and enabling them take a stand on gender equality & non discrimination

IDENTIFY A PRIORITY ISSUE TO ADDRESS IN DEALING with gender and racial issues in legal education and RECOMMEND ONE PRIORITY ACTION IN promoting equality, non-discrimination and gender justice in legal training.

Suggest 3 Items to be included in a clinical legal education curriculum aimed at promoting gender equality and non discrimination.

GROUP PRESENTATIONS20 MINUTES

WOMEN'S RIGHTS & THE LEGAL FRAMEWORK

IN THE DOMINICAN REPUBLICMARIA QUEZADA ORTIZ

GENDER JUSTICE AND SOCIO-CULTURAL IMPACT ON LEGAL

TRAINING IN NIGERIADR. OGUGUA IKPEZE

WRAP UPCHLORYNE DEWI