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Whendy Brasilianna; Wieke Dewi Suryandari; Mohamad Tohari

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Discrimination in the workplace is a problem that can hinder the creation of a fair and inclusive work environment. Discrimination can take the form of differential treatment of employees based on gender, race, religion, disability, sexual orientation, or other factors unrelated to individual performance and competence. To address this issue, the law plays a crucial role in providing employee protection to ensure equality and non-discrimination in the workplace. Various legal instruments, both national and international, regulate employee protection from discrimination, including the Employment Law, the Human Rights Law, and conventions issued by the International Labour Organization (ILO). However, the effective implementation of these regulations remains a challenge, particularly in terms of implementation, enforcement, and employee awareness of their rights. This study aims to analyze the role of law in protecting employees from discrimination in the workplace by examining applicable regulations and the challenges in their implementation. The research method used is a normative juridical method, which focuses on the study of relevant laws and legal principles. The analysis is conducted on national legal provisions and international legal instruments as references for protecting workers from discrimination. Furthermore, this study identifies barriers to legal implementation and offers recommendations to improve the effectiveness of legal protection for employees. This analysis is expected to provide insight into the urgency of regulatory reform and strengthening so that the law can play an optimal role in creating a fairer and more discrimination-free work environment.

Lutfiana Sukmaningrum; Moch. Iqbal

AL-MUSTAQBAL: Jurnal Agama Islam 2026 STIKes Ibnu Sina Ajibarang

This study aims to examine the role of the government in implementing gender political education in schools in Bengkulu Province. Within the context of Indonesia's national education system, gender equality remains a crucial issue that requires sustained attention, particularly in formal educational institutions. As the primary policymaker, the government plays a strategic role in ensuring that educational policies, curricula, teaching practices, and school environments promote the principles of gender equality and inclusiveness. This research employs a library research method by reviewing various scientific publications, policy documents, laws and regulations, government reports, and relevant academic sources related to gender and education. The findings reveal that the government has introduced several regulations and programs to support gender-responsive education and enhance equal opportunities for all students. However, the implementation of these policies in schools across Bengkulu Province continues to face significant challenges. These include limited teacher competence in gender-sensitive instruction, inadequate availability of gender-responsive learning materials, insufficient monitoring and evaluation mechanisms, and the persistence of patriarchal cultural values that influence educational practices. Therefore, this study recommends strengthening policy implementation, providing continuous gender-based teacher training, developing inclusive learning resources, and integrating gender political education into local curriculum content to promote greater gender awareness and equality in schools throughout Bengkulu Province.

Muhamad Farid Alfurqon; Zahwa Amalia Fitri; Edi Mufrodi; Mohammad Rafi Padillah; Humaeroh Humaeroh

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

This research is motivated by the existence of legal pluralism in marriage regulations in Indonesia before the enactment of Law Number 1 of 1974 concerning Marriage. During that period, marriage provisions were influenced by various legal systems, namely customary law, Islamic law, and colonial laws such as the Burgerlijk Wetboek, whose application was based on population classification. This condition gave rise to various problems, including legal uncertainty, differing standards for marriage validity, and weak protection of the rights of women and children. Based on these problems, this study aims to examine the development of marriage law in Indonesia, both before and after the enactment of the Marriage Law, and to assess the extent to which these regulations have been able to achieve legal unification and certainty within the national legal system. The method used is qualitative-normative research with a literature study approach through analysis of relevant laws and regulations, historical documents, and scientific literature. The results indicate that before 1974, the marriage legal system was complex and unintegrated, necessitating a comprehensive codification. The process of drafting this law was lengthy and marked by ideological debate and religious considerations. However, an agreement was ultimately reached that accommodated both religious values ​​and state interests. Subsequent developments, including amendments through Law Number 16 of 2019, confirm that marriage law in Indonesia is dynamic in responding to demands for justice, human rights, and gender equality.

Mario Silitonga

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Abdul Hakim; Tutik Hamidah; Ali Hamdan

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is based on the shortage of functional penghulu officers, which has become a serious issue for the government, particularly the Ministry of Religious Affairs of Indonesia. This condition can affect the quality of services in marriage registration, family guidance, and the provision of legal certainty to the community. To overcome the emergency of penghulu personnel, it is necessary to propose that the position of penghulu also be granted equal access to women, whereas until now the position of penghulu has been dominated only by men. Therefore, this research aims to conduct a comprehensive study on the provisions regarding the opportunities and problems of female penghulu within Indonesia’s civil law system, in which civil law is the official positive legal umbrella governing penghulu affairs. This research is normative legal research employing a statutory approach and a conceptual approach. Meanwhile, the primary legal materials of this research consist of various laws and regulations directly related to penghulu affairs. The results of this research indicate that the opportunities for female penghulu within the civil law system are very open, constitutionally valid, and not subject to any normative prohibition. The problems arise when female penghulu are requested to act as guardians appointed by the court (wali hakim) or entrusted with the delegated guardianship of marriage (taukil wali). This is because, under Indonesia’s civil law, a wali hakim or a person receiving taukil wali is required to be male. In addition, another problem is the existence of a specific requirement to be male that must be fulfilled in the recruitment of penghulu personnel as stated in the Announcement Letter on the Recruitment of Candidates for Civil Servants of the Ministry of Religious Affairs.  

Erni Sulhati Roudho Siregar; Uswatun Hasanah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Atasa Tarisah; Kuswandi Kuswandi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence (DV) is a hidden crime phenomenon with complex criminology, deeply rooted in the interaction between economic pressures and unequal social norms. Financial instability, such as unemployment and poverty, creates profound psychological stress on individuals, especially for perpetrators who fail to fulfill their breadwinner role, which is then expressed through aggressive behavior. Economic crises even causally increase stress, leading to physical or psychological violence. The dominant profile of perpetrators is men with low emotional control who are financially stressed and adhere to patriarchal ideology, while the majority of victims are women (housewives) who are vulnerable due to economic dependence and lack of access to resources, reinforcing the dynamics of economic violence as a systematic means of control. Optimizing response requires an integrated approach: strengthening law enforcement through sensitivity to non-physical violence and guaranteeing the protection of victims' assets, empowering victims economically through training and access to capital to foster independence, and transforming social norms through gender equality campaigns and deconstructing patriarchal culture that considers domestic violence a private matter.

Noverin Andrea Anang; Tjang, Yanto Sandy; Herkulana Mekarryani Soeryamassoka

Nubuat : Jurnal Pendidikan Agama Kristen dan Katolik 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Gender equality in the religious sphere in Indonesia is a complex phenomenon, shaped by the interaction between theological doctrines, institutional practices, and the socio-cultural context of each tradition. This study employs a qualitative-descriptive approach through literature review to analyze six major religions in Indonesia: Catholicism, Protestantism, Islam, Hindu Dharma, Buddhism, and Confucianism. The analysis focuses on three main dimensions: theological perspectives regarding gender roles and positions, social changes influencing gender relations, and transformations in institutional structures and practices that support gender equality. The findings indicate that historically, women were often placed in subordinate positions due to patriarchal norms, although the core teachings of these religions contain egalitarian principles and recognition of women’s dignity. Contemporary transformations are reflected in the reinterpretation of religious texts and practices that promote gender equality: Catholicism emphasizes the recognition of women’s dignity within the clerical hierarchy; Protestantism opens opportunities for the ordination of female pastors; Islam reinterprets the principles of Qawwamun and family law rights; Balinese Hindu Dharma adjusts women’s roles in rituals and public spheres; Buddhism revives the bhikkhuni order within the sangha; and Confucianism modernizes the interpretation of Wu Lun and San Cong to emphasize mutual responsibilities between husband and wife. In conclusion, despite persistent patriarchal challenges, this study affirms that religion has the potential to act as an agent of social transformation promoting gender equality while maintaining the moral, spiritual, and traditional values distinctive to each tradition. These findings contribute significantly to academic literature, interfaith dialogue, and the development of more gender-inclusive policies.

Kasyifa Alifya Anfasha; Dahlia Bunga Rembulan; Diffa Aulia Putri Syadena; Asmak Ul Hosnah

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual violence remains a pervasive human rights violation globally, with nearly one in three women experiencing physical or sexual abuse in their lifetime (UN Women, 2024). In Indonesia, the National Commmision on Violence against Women (Komnas Perempuan) reported 330,097 cases in 2024, of which 26,9% were sexual violence. Despite Law No. 12 of 2022 on the Crime of Sexual Violence (UU TPKS), gaps persist between legal enforcement and public awareness, emphasizing the need for effective advocacy. This study investigates the rol of digital media in human rights advocacy by analyzing KemenPPPA’s Instagram Reels campaign titled “Three Years Since the Enactment of the Sexual Violence Law.” Using a qualitative descriptive approach, data were collected through digital observation and documentation of the video, captions, and public comments. Framing Analysis (Entman, 1993) identified problem definitations, moral evaluations, and proposed solutions, while Normative Content Discourse Interpretation (NCDI) interpreted content based on national law and international human rights standards, particularly CEDAW. Findings show that the campaign communicates key human rights values, including victim protection, gender equality, and justice. The study highlights the potential of digital media as both an educational tool and platform for social participation, stressing participatory legal communication to complement formal law enforcement and advance women’s rights in Indonesia.

Yuni Kamilaini; Muhammad Arifin; Isnina Isnina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Inheritance law in Indonesia is pluralistic because it is influenced by three legal systems, namely customary law, Islamic law, and western civil law (Burgerlijk Wetboek) which is a legacy of the Dutch colonial era and divides the population based on legal classes. This diversity of legal systems also influences inheritance practices in Chinese society which traditionally adheres to a patrilineal system, where sons are prioritized over daughters in the distribution of inheritance. This study aims to analyze the inheritance law regulations for Chinese society, the development of inheritance practices that occur, and the legal considerations used by judges in the Supreme Court Decision Number 147K/Pdt/2017. The research method used is normative-empirical legal research with a statutory approach, cases, and legal identification, as well as assessing the effectiveness of legal implementation through literature studies and interviews. The results of the study indicate that the Supreme Court decision confirms the equality of inheritance rights between sons and daughters. This marks a shift in the Chinese inheritance system from patrilineal customs to the application of the provisions of the Civil Code, which upholds the values ​​of justice and gender equality.

Muh Akbar Yanlua; Mohammad Sarfan Basyir Putuhena; Syah Awaluddin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the correlation between the principle of equality before the law and the affirmative action policy, which is expressed in the form of a 30% quota for women's representation in the political field, as stipulated in Law Number 7 of 2017 concerning General Elections. The focus of the study is directed at the extent to which this quota policy is in line with the principle of equality before the law and reflects substantive justice in democratic practices in Indonesia. The research method used is normative research by examining laws and regulations, legal doctrine, and relevant literature. This approach is used to assess whether the quota policy for women's representation is in accordance with the constitutional principle of equality, while also considering the challenges of its implementation in a socio-political context that is still gender biased. The results of the study indicate that the 30% quota for women in legislative candidacy is a form of positive discrimination intended to correct structural and historical inequalities in women's political participation. This policy is expected to open wider spaces for participation so that women have equal opportunities to play a role in the legislative process and public policy making. However, this policy has also drawn criticism. Some believe that the quota emphasizes fulfilling numbers rather than the quality and capacity of the individuals nominated. Therefore, the quota must be accompanied by efforts to improve the quality of women's human resources, political education, and transparent, merit-based selection mechanisms. This way, women's representation will not only be formal but also substantial and contribute significantly to democratic development. In conclusion, the 30% quota policy remains necessary as an affirmative step toward de facto equality. However, strengthening capacity and supporting systems is crucial for its implementation to align with the principle of equality before the law and achieve substantive justice.  

Edward Benedictus Roring; Indira Jazmine; Selma Dwi Anaya Pebriyanti; Eleonora Gracia Puspa Setiawan; FX Adji Samekto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Revision of the Law on Sexual Violence (UU TPKS) has become a strategic urgency in efforts to eliminate gender bias inherent in the current legal construction, especially related to the subjectivity of men as perpetrators and the objectivity of women as victims. The current TPKS Law, although it has provided an important legal basis for the protection of victims of sexual violence, still contains a gender paradigm that limits the understanding that perpetrators of sexual violence are only men and victims are only women, thus ignoring the complexity of social reality and the diversity of victims and perpetrators23. This approach not only reinforces patriarchal stereotypes, but also hinders fair and inclusive law enforcement. Therefore, the revision of the TPKS Law must be directed at eliminating rigid gender constructions, adopting a more neutral and inclusive perspective, and strengthening responsive legal protection for all victims without exception. This revision must also emphasize the role of the state in fulfilling victims' rights and integrating independent monitoring mechanisms to ensure effective and equitable implementation. Thus, the revision of the TPKS Law is not merely a normative update, but rather a transformation of the legal paradigm that prioritizes gender equality, respect for human rights, and substantive justice for the entire community

Sridepi Sridepi; Adnan Azzaki; Khairunnas Rajab; Khairunnas Jamal; Almi Jera

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

The issue of women's status in Islamic family law has remained a subject of ongoing debate, particularly when examined through the interpretation of Surah An-Nisa verse 34, which designates men as leaders (qawwam) within the family. This study aims to analyze the verse using an interdisciplinary approach that integrates classical and contemporary Qur’anic exegesis with feminist theory. This approach not only explores the dynamics of interpretation from traditional scholars such as al-Tabari and Ibn Kathir to modern thinkers like Amina Wadud, but also critically examines how various strands of feminism—liberal, radical, and Islamic—provide analytical frameworks to challenge patriarchal structures in Islamic family law. This research employs a qualitative method through library research, supported by normative and juridical-historical approaches. The findings reveal that Surah An-Nisa verse 34 can be understood in a more egalitarian manner when interpreted in light of evolving social contexts, without disregarding the fundamental principles of Sharia. The study concludes that integrating Qur’anic interpretation with feminist perspectives offers the potential for a more just, inclusive, and contextually responsive understanding of Islamic family law in addressing gender equality in contemporary society.

Ahmad Senang; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

Ufi’atun Nur Faizah; Siti Lulun Muthoharoh; Roidatus Shofiyah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Article 31 Paragraph 3 of Law Number 1 of 1974 on Marriage, which states that "the husband is the head of the family and the wife is a housewife," raises concerns regarding gender equality and contemporary social dynamics. This provision is considered to reflect a patriarchal legal construction that fails to respond to the evolving gender roles in modern society, where women also actively contribute as breadwinners and decision-makers within the family. This study aims to analyze the relevance of Article 31 Paragraph 3 through a normative, contextual, and inclusive juridical approach. The findings indicate that this provision has the potential to perpetuate gender discrimination and contradicts the principles of justice enshrined in the 1945 Constitution of Indonesia as well as the CEDAW Convention, which has been ratified by Indonesia. Therefore, a reinterpretation of Article 31 Paragraph 3 is necessary to ensure it aligns with contemporary values of equality and current social realities. Reformulating this provision is essential to establish an inclusive and just family law system that keeps pace with societal developments.

Nur Shena Hindriastusi; Tajul Arifin

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to analyze the correlation between Article 1 of Law No. 7 of 1984, which ratifies the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and selected hadiths narrated by Imam Tirmidhi, especially in addressing issues of discrimination and gender injustice. Using a descriptive-analytical method and a normative juridical approach, this study relies on primary data sources such as national legislation and the Jami’ at-Tirmidhi hadith collection, as well as secondary data from relevant Islamic legal and scholarly literature. Data collection was conducted through literature review and analyzed qualitatively. The findings indicate that there are normative foundations and values within the hadiths that can be reinterpreted contextually and in line with maqashid al-shari’ah, supporting the principles of justice and gender equality as mandated in Indonesian positive law.  

Waris, Asriyuni; Ambo, Siti Halmaira; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study conducts a juridical analysis of the strengthening of women's civil and economic rights in Indonesian civil law, based on the 4th Astacita principle of women's empowerment. The study identifies and analyzes inequalities in women's access to civil rights, such as inheritance rights, property ownership, and social security. Although the national legal framework has recognized the principle of gender equality, its implementation still faces significant challenges due to the strong patriarchal culture and women's limited access to legal justice. Therefore, this study emphasizes the urgency of gender-responsive legal reforms and increased women's participation in the legislative process to realize substantive equality and justice.

Lollyta Julius; M. Sudirman; Benny Djaja

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the normative provisions regarding women's inheritance rights in three legal systems applicable in Indonesia, namely Islamic law, customary law, and civil law. These three systems have different legal bases, values, and mechanisms in regulating inheritance rights, especially regarding the position and rights of women as heirs. Islamic law determines women's inheritance shares based on the provisions of the Qur'an and Al-Hadith or As Sunnah with the principle of proportionality according to socio-economic responsibilities in the family. On the other hand, customary law is highly dependent on the local kinship system, whether patrilineal, matrilineal, or bilateral, which causes great variation in granting inheritance rights to women. Meanwhile, civil law originating from the Civil Code emphasizes equality between men and women in inheritance rights, without gender differentiation. This study uses a normative legal approach with a qualitative analysis method on primary and secondary legal materials. The results of the study show that although normatively civil law and several customary law systems provide space for equality, in social practice and cultural interpretation of women in obtaining inheritance rights, harmonization between legal systems is still needed, as well as increasing legal awareness in society for women. This study also emphasizes the importance of strengthening the role of the state and law enforcement officers in implementing inheritance rights for women.

Human Rights; Uswatun Hasanah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Human rights and Islam both emphasize the value of justice and well-being for all individuals, including women. However, in practice, women's rights are often hampered by patriarchal culture and conservative religious interpretations. This study aims to analyze how human rights and Islam can work in harmony in guaranteeing women's rights. Using a qualitative method based on literature study, this research identifies various factors that cause discrimination against women, such as gender bias in religious interpretations and entrenched social norms. The results show that realizing gender equality in Islam requires inclusive education, fairer reinterpretation of Islamic law, policy reforms that protect women, as well as economic empowerment and women's participation in leadership. With these steps, women can obtain their full rights without erroneous cultural and religious barriers.

Wani Wani; Faisar Ananda Arfa; Ibnu Radwan Siddiq Turnip

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This paper discusses the issue of gender equality from the perspective of Islamic family law and positive law in Indonesia. This study begins with a historical exploration of the treatment of women in the pre-Islamic era which was full of discrimination and oppression, until the arrival of Islam which brought about a major transformation towards respecting and recognizing women's rights. Furthermore, this paper reviews the comparison between the values ​​of gender equality in ideal Islamic family law with practices that are still influenced by patriarchal culture, as well as Indonesia's positive legal response to gender issues, such as through the Compilation of Islamic Law (KHI), the Marriage Law, and the ratification of international conventions such as CEDAW. This study also highlights the role and existence of women in the family as children, wives, and mothers, as well as the challenges faced by women in fighting for rights and equality in the domestic and public spheres. This paper emphasizes that achieving fair and balanced gender equality requires a reinterpretation of the law based on values ​​of justice and a structural commitment to empowering women in all aspects of life.