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Regarding punishment, using weapons during the crime of rape entails extra punishment.
Nonetheless, this is strictly interpreted by the court. The weapon must be real. Fake weapons
lead to no change in the sentence, even if the victim sincerely believed that the weapons
were real. Moreover, it is not hard to get a reduced sentence especially when there is a
compensation settlement for the victim.
In order to overcome such problems in court decisions, we need to create new legislation
and amend discriminatory laws using CEDAW and make sure that they are properly interpreted
and enforced by the court. Having new laws is not enough. We need to carefully monitor the
interpretation, enforcement, the practice of law for the purpose of ensuring a comprehensive
application of gender equality in judicial decisions. The first step toward it is to change old biases
and values by questioning the court decisions.
SESSION TWO : ESTABLISHING THE NEED
Session two was facilitated by Justice D.R. Campbell through his presentation and
interactive discussion on judging as a social phenomenon, and how crucial it is for judges
to be aware of their limitations and subjectivity, and be willing to learn in order to make fair
and equal judgment.
He started with questions about the judgeûs personal interests which make them feel good
in their private lives as well as in professional lives.
çDoubt is the key to all knowledge.é ›Arabian Proverb
By discussing what makes them feel good, the participants discovered that learning
is important to their well-beings, health, confidence and ability to help others and learning
itself is deeply ingrained in their personal life as well as in professional life.
çThe wisest mind has something yet to learn.é ›George Santayana(Spanish-born Philosopher)
Acknowledging the importance of learning which builds confidence, good mind and heart,
the participants were led to the discussion of skills for using what they have learned.
çScience is systemized knowledgeÇArt is knowledge made efficient by skill.é-J.F. Genung
Being capable of helping others requires that our knowledge attained from the learning
process in our daily work and life must become effective through skills. Judging is an art.
It means judges have to know what tools they have as a judge, what tools they use, and how
to use in judiciary decisions. Judges have many tools and skills when making a judgment.