Going to court examines access to small claims courts, whether women’s testimony in court is given the same evidentiary weight as that of men, and the number of women justices, including chief justices, in constitutional courts.
Has reached the legal age of majority and is capable of making decisions as an adult.
Is sane, competent, in good health and has no criminal record.
Where the question assumes that the woman or man is married, the marriage is monogamous and it is registered with the authorities.
Where the question assumes that the woman or man is unmarried, she or he has never been married.
Where the answer differs according to the legal system that applies to the woman —as may be the case in economies where legal plurality exists—the answer used will be the one that applies to the majority of the population.
The answers are based on codified law and not whether it is applied in practice. Therefore customary law is not taken into account unless it has been codified.
This topic assesses both indirect and direct differentiation in the law with relation to women’s access to the judicial system. For the first subtopic on equality of access, three questions examine the existence of courts to adjudicate matters of customary or personal law and assess the value of a woman’s testimony in court relative to a man.