Gender and Access to Justice in the Informal Court System in Ghana: A Descriptive Phenomenology in a Patriarchal Society

Abstract

Background: Women and access to justice are global issues, especially in patriarchal societies. There is a surprisingly small body of research on access to justice in the informal court system in patriarchal societies. The purpose of this paper is to conduct an empirical qualitative study on a local court case and use the findings to provide a critical analysis of women and access to justice in the informal court setting in Ghana. Method: The exploratory qualitative research approach and phenomenological research design were used in the study, which followed Colaizzi's process of descriptive phenomenological data analysis. The study collected data from fifteen women who had used the informal court system to address their grievances using in-depth interviews and focus group discussions as data collection techniques. The data was collected via tape recording and then transcribed word for word. Results: The major themes that emerged from the research were as follows: (i) traditional gender roles as impediments to justice (ii) social harmony-based adjudication, and (iii) the social consequences of the court's decisions on the family households. Sub-themes are used to discuss these major themes. According to the findings, women cooking and taking care of children, behavioural socialisation norms, women as housewives, informal court decisions based on social harmony, masculine rulings, lack of appeal for cases, women experiencing marital divorce, and lack of enforcement for rulings were identified as significant factors influencing gender and access to justice among women in the informal court system. Conclusion: Informal courts are accessible and affordable to women who do not have the privilege of using formal courts due to the cost involved; however, the courts' decisions are reconciliatory and do not provide women with equal access to justice. To provide fair justice to all people in rural communities, the informal courts should be integrated with the formal procedure. As a result of the findings, it is recommended that a comprehensive training programme for traditional court judges on land issues, inheritance, and family law, dispute resolution, as well as international human rights standards be implemented so they can handle cases in their respective jurisdictions.