The way we conceive of justice needs to be reframed to allow for a more restorative and reparative system, rather than the narrowly punitive forms of justice that seem to prevail among many of us preparing for the 70th session of the Commission on the Status of Women. CSW70, with its priority theme focused on access to justice, provides us with a timely opportunity to do so. While discussions during CSW70 will need to acknowledge the operation of unjust structures and the proliferation of a culture of impunity that have resulted in inequity, equally important will be discussions that extend beyond legalistic conceptions of justice.

Today public discourse on justice is focused on legal systems that are lacking, laws that discriminate against many groups, and policies that are not fulfilled in practice. Justice is almost always perceived as something that is handed out to an aggrieved party. It is often perceived as primarily or exclusively punitive. It can be challenging to go beyond this way of thinking about justice in light of mounting evidence of the types of harm that people, especially women and girls, face on a regular basis. Online, for example, 16-58% of women face digital violence, according to UN Women, and 90-95% of deepfake videos are sexual images of women¹. Globally, one in three women experience violence ². Clearly we need effective safeguards in place. 

At the same time, legal systems themselves are not inherently just. Many laws and procedures carry with them a history of prejudice, both structurally and attitudinally. And though they may claim impartiality, their impact on lives might not always be so. Take the example of survivors of gender-based violence. Many have shared traumatic stories about their experiences navigating a legal system that has often prioritized the perspectives of the perpetrator, a system that places the burden of proof on those seeking remediation, a system that often even shames survivors. Many legal systems, in their current form, leave little room for reconciliation. In the pursuit of punishment or “winning” the legal battle, possibilities for repair, healing, and coexistence are severely curtailed. 

In preparatory spaces where the CSW70 priority theme is being discussed, growing numbers of participants are suggesting that thought needs to be given to other perspectives around justice. A more considerate and consistent application of existing laws is needed. At the same time, approaches are needed which also make room for repair, fair treatment, and personal commitment to the principle of justice itself. Movement in this direction will require drawing on elements of conventional theories of justice, together with extended conceptions that promote healing and the restoration of social ties. More attention will be needed as to how we can seek to determine the truth of given circumstances through fair-minded assessment.