SI N° 10 | 2023 Magistradas y juezas en el mundo en el siglo XXI. Los entresijos de la justicia Magistrates and judges in the world in in the XXI° century. The ins and the outs of justice - Magistrates et juges dans le monde au XXI° siècle. Les dessous de la justice
Traditionally, the judiciary has been regarded as the preserve of men and the male representation of a certain power. Societal change, regardless of the continent concerned, has gradually allowed, although unevenly and unfairly, the arrival of women in the judiciary, thereby arousing acceptance or rejection. The newly constructed spaces then give rise to orientations, representations and choices that upset established conventional patterns.
But what are the reasons that push women to pursue careers as magistrates or judges? What training do they undergo to access this position? What are their social, cultural and intellectual profiles? How do they fit into the judicial institution? Are we witnessing a trivialization of their access or is it still relevant to speak of a gender category when it comes to analyzing the judiciary today? What is their integration process? Should their acceptance follow particular strategies? What are their career prospects? Can we or should we still speak of sexist discrimination when we talk about the career paths of magistrates and judges and the exercise of their professions? How do they see their profession? How do they combine the private (family) sphere and the professional sphere? How are they perceived by society and complainants? Depending on the continent, does the profile of the judiciary have a particular impact because of the presence of magistrates and judges and is there a combination of justice with women or is there rather a process of homogenization?
At the same time, we must question Justice as an institution both within Western democracies and in other latitudes where it struggles to make its voice heard in the face of fragile democracies, break the silence that surrounds it to allow the emergence of progressive forms of thought.