Program for Gender Equity and Equality
The Constitution of the Commonwealth of Puerto Rico tasked the Judicial Branch with the responsibility of ensuring each person the full enjoyment of their rights and responsibilities. This responsibility is framed in the constitutional principles of the inalienability of human dignity and the guarantee of equal protection under the law. Based on these fundamental principles, for more than two decades, the Judicial Branch has developed and implemented various initiatives aimed at identifying and eradicating situations of gender discrimination. The creation of the Program for Gender Equity and Equality and its Advisory Council is one of the strategies adopted to achieve such an important objective.
Eradication of Gender Discrimination in the Courts
The Program for Gender Equity and Equality is a Judicial Branch initiative to advance its public policy in favor of gender equality and the elimination of gender discrimination in the courts. The program was established to promote and give continuity to the public policy of guaranteeing real gender equality and equity in all areas of judicial work, across the board and as a matter of human rights. Moreover, the program also has an Advisory Council that has been entrusted with assisting in the fulfillment of this public policy.
Since 1995, following the Report on Gender Discrimination in the Courts of Puerto Rico, the Judicial Branch has ceaselessly promoted and created initiatives that contribute to the eradication of this type of discrimination.
What is Gender Discrimination?
It refers to any difference in treatment motivated by gender without a justified reason, the effects of which are unfavorable or harmful to the receiver. Discrimination is also equal treatment that has unfavorable or harmful effects on the receiver and is motivated by gender.
How does the Program for Gender Equity and Equality work?
The Program for Gender Equity and Equality seeks to ensure that all Judicial Branch offices, programs, and dependencies incorporate gender perspective in their work plans and in the discharge of their duties. This means considering the differences between genders to ensure that everyone receives equal, sensitive, respectful, and equitable treatment. The program is designed to prevent sexist, stereotypical, and discriminatory attitudes from becoming a barrier to justice. The goal is to achieve equity.
Some of the institutional measures and policies developed to guarantee gender equity in all areas of judicial and administrative work are the Gender and Equity Map of the Judicial Branch of Puerto Rico and the Drafting Guidelines to Promote Equitable Language.
What are the objectives of the Program for Gender Equity and Equality?
The main objectives of the Program for Gender Equity and Equality include:
- Developing strategies to widely communicate the Policy on Gender Equality and Equity and non-discrimination in the Judicial Branch
- Promoting the incorporation and institutionalization of gender perspective in the administration of justice and in the development of the Judicial Branch’s strategic and work plans
- Working in collaboration with the Puerto Rico Judicial Academy and the Evaluation, Training, and Development Division of the Office of Court Administration to raise awareness and promote the specialized and ongoing training of the judiciary, court support officers, and administrative staff in matters of gender equality and equity
- Promoting the development of studies and reports that may highlight gender-based discrimination, thus promoting public policy proposals, programs, and concrete actions to foster equal opportunities for men and women in the administration of justice and within the Judicial Branch
- Developing strategies to achieve equal treatment and non-discrimination in court for the members of the Lesbian, Gay, Bisexual, Transsexual, Transgender, Intersex, and Queer (LGBTTIQ+) communities
- Promoting the incorporation of gender perspective in the gathering of statistics and promoting statistical records focused on the users of the judicial system to record their individual personal characteristics
- Promoting cooperation and coordination with governmental and non-governmental entities that support gender equality and equity to meet the objectives established
- Taking any other steps necessary to achieve the established goals
What are the objectives of the Advisory Council?
Along with the creation of the Program for Gender Equity and Equality, an Advisory Council was established with the purpose of collaborating in the attainment of these objectives, providing recommendations, and facilitating the advancement of measures to eradicate gender discrimination. Specifically, this advisory body was delegated the following tasks:
• Advising the Judicial Branch on the formulation of public policy to guarantee gender equality and equity as well as non-discriminatory treatment
• Evaluating, proposing, and following up on strategies and action plans to incorporate gender perspective in all areas of judicial work
• Collaborating in the prioritization of actions and projects aimed at achieving gender equality and equity and recommending the effective use of available resources
• Promoting the identification of strategic partnerships with governmental and non-governmental entities
• Taking any other step necessary to achieve the objectives of the Program for Gender Equity and Equality
Why is the Program for Gender Equity and Equality important?
The eradication of gender-based discrimination is a human rights issue that concerns us all. Gender-based discrimination contravenes the Constitution of the Commonwealth of Puerto Rico, which recognizes that all persons are equal before the law. All persons, regardless of their gender, have the right to be treated in a dignified, sensitive, respectful, and equitable manner that acknowledges their differences.
All Judicial Branch personnel have an obligation to treat people with dignity, respect, and sensitivity, regardless of their sex, sexual orientation, or gender identity.
Gender and Equity Map of the Judicial Branch of Puerto Rico
In compliance with the delegated tasks, and in accordance with Goal 6.2 in Core Area 6 on Access to Justice of the 2020-2025 Strategic Plan of the Judicial Branch of Puerto Rico: Roadmap to a Leading Edge Justice, the Advisory Council of the Program for Gender Equity and Equality introduced the Gender and Equity Map of the Judicial Branch of Puerto Rico.
What does the Gender and Equity Map of the Judicial Branch propose?
The Gender and Equity Map of the Judicial Branch was organized into five strategic imperatives. The first imperatives proposed by the Advisory Council of the Program for Gender Equity and Equality are aimed at addressing three major areas: (1) the Judicial Branch as employer and supervisor of its human resources; (2) in its interactions with individuals as part of its judicial work; and (3) in its interactions with the community in general. The fourth imperative is specifically dedicated to the treatment and services rendered to members of the LGBTTIQ+ communities. Lastly, the fifth imperative seeks to address gender discrimination as a barrier to access to justice.
Specific objectives and strategies to be developed were established for each strategic imperative.
What is the purpose of Strategic Imperative I: Judicial Administration and Gender Perspective?
The objective of this strategic imperative is:
- Incorporating gender perspective across the board in the administration of justice as a mechanism to achieve equality and equity in terms of gender, at both the policy and operational levels
What are the objectives of Strategic Imperative II: Gender Equality and Equity in Judicial Work?
The objectives of this strategic imperative are:
- Encouraging sensitive, respectful, and equitable treatment free of gender-based discrimination in interpersonal interactions among the components of the judicial system and promoting such treatment among those who come to receive services
- Promoting the incorporation of gender perspective in the interpretation of the law and in the ethical principles that govern judicial work so that the principles of equality and equity are an intrinsic part of judicial proceedings
What is the objective of Strategic Imperative III: the Judicial Branch and Gender Perspective as a Tool in its Relationship with the Community?
The objective of this strategic imperative is:
- Fostering the education of the public and the legal community on the right to equality, equity, and non-discrimination based on gender in order to promote a culture of peace and the development of a society that embraces equality
What are the objectives of Strategic Imperative IV: Discrimination and LGBTTIQ+ Communities?
The objectives of this strategic imperative are:
- Identifying institutional discriminatory practices against members of the LGBTTIQ+ communities in order to develop strategies to eradicate such practices
- Promoting sensitive, respectful, and equitable treatment towards the members of the LGBTTIQ+ communities, both at the institutional level as well as among the community at large
One of the strategies of this imperative that has already been developed is the implementation of a community orientation project on the proceedings for name and sex/gender-marker change .
What are the objectives of Strategic Imperative V: Gender and Access to Justice?
The objectives of this strategic imperative are:
- Recognizing that gender-based discrimination represents a barrier to access to justice
- Promoting practices and policies designed to provide access to the justice system that incorporate gender equality and equity
For More Information
For information on the Program for Gender Equity and Equality, you may contact the Directorate of Judicial Programs of the Office of Court Administration by calling (787) 641-6600, ext. 5702.