Law and Justice Study
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Publication
Compendium of International and National Legal Frameworks on Female Genital Mutilation, Seventh Edition
(Washington DC, 2023-03-10)Female Genital Mutilation/Cutting (FGM/C) is a development issue and am extreme form of violence against women and girls that affects more than 200 million women in the world. FGM/C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. FGM/C is at the confluence of domestic violence, child abuse and sexual assault and a serious violation of human rights. Studies show that FGM/C has economic and social consequences and a high obstetric cost although a comprehensive study on the exact extent of these economic, health and social costs is still to be carried out. Beyond the data and the statistics, researchers have shown that FGM/C deprives women of sexual satisfaction, sexual health and psychophysical wellbeing. The Compendium of International and National Legal Frameworks on Female Genital Mutilation (the Compendium) was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM/C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM/C. The Compendium consists of topical chapters (international legal frameworks; regional legal frameworks; consensus documents and national legal frameworks) with hyperlinks to source documents, such as United Nations conventions, regional treaties, and national legislations. The Compendium is a working document intended as a reference tool for anyone interested in the topic of FGM/C (development practitioners, lawyers, community leaders, academics, researchers, students, etc. -
Publication
Compendium of International and National Legal Frameworks on Female Genital Mutilation, Sixth Edition
(Washington, DC: World Bank, 2022-02-01)Female Genital Mutilation/Cutting (FGM/C) is a development issue and a form of violence against women and girls that affects at least 200 million women in the world FGM/C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. Studies show that FGM/C has economic and social consequences and a high obstetric cost although a comprehensive study on the exact extent of these economic, health and social costs is still to be carried out. Beyond the data and the statistics, researcher have shown that FGM/C deprives women of sexual satisfaction, sexual health, and psychophysical wellbeing. The Compendium of International and National Legal Frameworks on Female Genital Mutilation (the "Compendium") was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM/C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM/C. -
Publication
Compendium of International and National Legal Frameworks on Female Genital Mutilation, Fifth Edition
(World Bank, Washington, DC, 2021-02)Female Genital Mutilation/Cutting (FGM/C) is a development issue and a form of violence against women and girls that affects at least 200 million women in the world. FGM/C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. The Compendium on International and National Legal Frameworks on Female Genital Mutilation (the "Compendium") was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM/C It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM/C. -
Publication
Compendium of International and National Legal Frameworks on Female Genital Mutilation, Fourth Edition
(World Bank, Washington, DC, 2020-02)Female Genital Mutilation/Cutting (FGM/C) is a development issue and a form of violence against women and girls that affects at least 200 million women in the world FGM/C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. Studies show that FGM/C has economic and social consequences and a high obstetric cost although a comprehensive study on the exact extent of these economic, health and social costs is still to be carried out. Beyond the data and the statistics, researcher have shown that FGM/C deprives women of sexual satisfaction, sexual health and psychophysical wellbeing. The Compendium of International and National Legal Frameworks on Female Genital Mutilation (the "Compendium") was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM/C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM/C. -
Publication
Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace
(World Bank, Washington, DC, 2019-12)Sexual Harassment in the Workplace (SHWP) is a universal and widespread phenomenon that affects millions of women of all social strata worldwide. It is an endemic issue that has gained increased visibility and attention since the beginning of the “#MeToo” movement. In this Compendium on International and National Legal Frameworks on Sexual Harassment in the Workplace (the “Compendium”), SHWP is understood as a gender-specific form of violence, commonly directed against women and occurring in employment or the workplace. It includes requests for sexual favors, unwelcome sexual advances or other sexual conduct, whether physical or verbal, which involves a “quid pro quo” aspect (e.g. request for sexual favors used to make employment decisions) and/or creates an intimidating, hostile, toxic, humiliating or offensive working environment. As one of the pervasive expressions of gender-based violence, it reflects discriminatory social norms, stereotypes, impunity and gender inequality. SHWP is viewed as a development challenge and has high economic and social costs. Despite its serious implications for women, employers and society at large, the behavior is widely accepted and minimized. The Compendium provides a survey of the key international and regional instruments as well as national legislation as they relate to SHWP. -
Publication
Strengthening Commercial Courts and Departments in Bosnia and Herzegovina: Caseload Distribution, Backlog, and Other Organizational Issues Affecting Performance
(World Bank, Washington, DC, 2019-10)This Report presents the findings of an analysis of selected organizational issues affecting commercial justice performance in Bosnia and Herzegovina (BiH). It is the main deliverable under Component 1 of the BiH Commercial Justice Technical Assistance Project financed by the UK Good Governance and Investment Climate Reform Trust Fund. The Project aims to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH. The Report’s primary focus is workload distribution among commercial courts and departments, and the effect of any imbalances within it on their performance. Other issues covered include: BiH’s caselaw database; its judicial performance evaluation system; production quotas and other incentive systems; its backlog reduction program; and court organization and management. The mixed methodology used to address these topics combined analysis of case flow statistics provided by the BiH High Judicial and Prosecutorial Council (HJPC) with interviews, document review, observation, and comparative experiences. -
Publication
Understanding Barriers to Doing Business: Survey Results of How the Justice System Impacts the Business Climate in South East Europe
(World Bank, Washington, DC, 2019-06)This report documents the results of a survey that was conducted to better understand howthe justice system affects the business environment in eight countries in South East Europe (SEE);Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Montenegro, North Macedonia andSerbia. The primary purpose of the Survey was to analyze businesses’ perceptions of and experienceswith the justice system and in particular, the performance of the courts in their respective countries. The Survey also identified the challenges businesses face in their daily operations, assessed the impact of the justice system on businesses and established which justice issues present the greatest obstacles for business operations and growth. This research is part of a broader initiative to inform justice policy dialogue and reform in the Western Balkans. -
Publication
Leveraging Procedural Reforms to Improve Commercial Justice in Bosnia and Herzegovina
(World Bank, Washington, DC, 2019-06)This report focuses on recommendations for the improvement of civil procedure rules and selected trial processes with the aim to increase procedural efficiency and reduce bottlenecks in commercial case processing in Bosnia and Herzegovina. The following aspects of case processing are analyzed: (i) service of process; (ii) hearings and adjournments; (iii) expert witnesses; (iv) bankruptcy trustees; (v) court fees; (vi) internal court rules; and (vii) use of Case Management System (CMS). The accompanying recommendations are developed in response to the existing legal framework that governs these selected aspects of commercial case processing and rely on existing good examples from Bosnia and Herzegovina courts, the regulatory framework of countries that share the same legal heritage as Bosnia and Herzegovina with a particular focus on European Union and Council of Europe member states, the European Court of Human Rights (ECtHR) case law, as well as recommendations and opinions of international institutions on judicial efficiency. -
Publication
Examining the Experts: A Comparative Analysis of the Role of Expert Witnesses in Court Systems of the Western Balkans
(World Bank, Washington, DC, 2019-03)This Report examines if and how expert witnesses impact the integrity, impartiality and efficiency of adjudication in four countries—Serbia, Montenegro, North Macedonia and Bosnia and Herzegovina (BiH). The report is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on efficiency of justice, quality of justice and access to justice across countries in the Western Balkans, with a view to improving the performance of their justice systems. The Report provides an objective review of the performance of the justice system in the selected countries and recent achievements and opportunities for reform vis a vis the role of expert witnesses in trials. Recognizing the formative role that expert witnesses play in the trial process, the report provides recommendations on how to leverage and improve the role of expert witnesses in trials with a view to enhancing the overall quality, efficiency and performance of the justice system. -
Publication
Compendium of International and National Legal Frameworks on Domestic Violence
(World Bank, Washington, DC, 2019-01-15)Domestic Violence (DV) is a universal phenomenon that affects millions of women of all social strata worldwide. It is the most pervasive, common, under-recognized, underestimated and under-reported type of violence against women. It reflects discriminatory social norms, stereotypes, impunity and gender inequality. It is all too often considered as a “private, family issue”, widely accepted and minimized although it impairs the full enjoyment of life and fundamental rights and freedoms by victims and survivors who are overwhelmingly women. Domestic Violence (DV) is a development challenge and has a high economic and social cost, including health and medical costs, death, suicide, depression, lost productivity, lost income, , psychological consequences and trauma, increased stress, reactive violence, reduced ability to study or find and hold a job, judicial and prison costs, economic insecurity and abuse, debt, housing instability, homelessness, inter alia1. Beyond data and statistics, DV undermines autonomy and represents an enormous loss in terms of wellbeing not only for the women affected but also for the men who share their lives, for their children, their families and their societies. The Compendium on International and National Legal Frameworks on Domestic Violence (the “Compendium”) provides a survey of the key international and regional instruments as well as national legislation as they relate to domestic violence.