On Sunday, 6th March 2022, whilst having a conversation with my daughters, Tatiana aged seven and Ariana aged four, I told them that 8th March is Women’s Day and a public holiday. I mentioned that women are celebrated on that day because they are special. They give birth, cook, make sure that the home is clean and do all other work that is commonly associated with being a woman. To this, Tatiana, rightful responded that men too are special because without them, the women can't have children and do all the other things that men do. I then actually found it important to explain to them why the day is important.
I told them that women have come a very long way and the things we now take for granted were not permitted and in fact, to this day in some societies, women have gender-based restrictions and biases. Things like voting, participation in politics and leadership, driving, professions like being an engineer, even eating chicken were all the preserve of men and it has taken brave women and men to stand up against gender-based injustices. I particularly told her, that several years ago, I could never have started my own law firm by virtue of my gender. It is this part of the conservation that inspired this legal industry specific article.
Undoubtedly, the legal fraternity is male dominated and this is evident from the ratio of men and women who are judicial officers, in private practice, etc. Its easy to see the disparity. It’s even worse for high positions of influence. This is not to suggest that there has been no improvement. We now have some women in law occupying high positions but a lot needs to still be done.
The trend at universities is that there is a slight balance in gender ratio for students admitted into law school and in fact in some instances the girls are more than the boys at intake. However, upon graduation, the gap starts to widen in favor of the men. Predominantly, the girls quit legal practice, retain junior positions and are given less competitive assignments whilst boys are usually given more opportunities that enable them to grow and thrive in the legal industry.
Of course, this is not to suggest that men are entirely to blame for the disparity. To a certain degree, women should also take responsibility for their position in the industry.
In my 10 years’ experience as a female lawyer and through interactions with female colleagues in the legal fraternity, some of the instances of gender bias include;
The belief and perception that the success and or accomplishment of a female lawyer/ judicial officer is through sex or relationships with men rather than their own merit/credit, skill and competence.
The perception that as a woman, you don’t need to earn as much as men and you should be comfortable with just a little since your husband or family will take care of you.
The perception that woman can’t handle success and don’t make good bosses.
An ambitious woman is perceived to be too aggressive whilst an ambitious man is said to be cut out for the industry.
The belief that women in law need to act like men to be taken seriously and exuding femininity is for more ‘girly’ professions and a sign of weakness.
The stereotype that women are not good at litigation and so in some firms no matter one’s interest as a woman, they will never be allowed to appear in court as counsel for any client.
Pregnant attorneys are perceived as unserious, time and resource consuming and undesirable as employees.
Women are given assignments to deal with stray men only for the sole purpose of being expected to use their sexuality to lure and obtain instructions for legal work from them. As a result, Sexual harassment and sexualization of women is not uncommon.
Certain jobs which are geographically/intellectually challenging are the preserve of male lawyers. Of course, these tasks usually pay the most.
The stereotype that female judicial officers are not as good and thorough as their male counterparts.
There is usually empathy and sympathy for male lawyers when sick as contrasted to the perception of laziness for female lawyers under similar circumstances
I know for a fact, that these are mere biases, perceptions and stereotypes built over time by both men and women without any proof. I know so many women, who have proved these stereotypes wrong. For example, ask me about my President of the Uganda Law Society Pheona Wall Nabasa and the predominantly female led executive council that have done an impressive job in office contrary to the belief at commencement of their term that they would not be able to accomplish much because ‘women don’t work well together’ Woe unto the naysayer! There are several other examples of women breaking glass ceilings and gender biases each year. Indeed, it is not all doom and gloom for the girl child. There is a growing recognition that women are emotionally very intelligent and empathetic which is very much needed in the profession. There is also the recognition that women are loyal, diligent, trust worthy, and pay attention to detail. All these soft skills are core to the rendering of legal services.
All of us, men and women, employers and employees, advocates and clients, contribute to these gender biases consciously or subconsciously. It’s important that we examine ourselves and our conduct and the extent to which these biases affect others. There is need for deliberate and intentional reprogramming against gender bias.
Responsibilities and positions should not be based on gender but merit and objectivity. There is need to have regard to gender specific issues including pregnancies, sexual harassment, postnatal depression and gender-based violence and their impact on productivity and the preventive/planning mechanisms around them. A form of planning that is not aimed at curtailing and demoralizing women but rather one that is inclusive, dynamic, humane and objective for example; flexibility in terms of time, place can be incorporated for an expectant/lactating mother.
Of course, I recognize that as an employer, one looks out for utmost productivity from their staff. However, there is need to find a delicate balance between the needs of the organization and those of the employees and to consciously cultivate a gender sensitive and inclusive organizational culture.
As we celebrate women’s day therefore, may we reflect on our personal role in helping to bridge the gender equality gap and to make the world a better place for all.
Happy women’s day.
Damalie Tibugwisa
Managing Partner.
TARA Advocates [Formerly Tibugwisa & Co. Advocates]
Email: damalie@tadvocates.com