How women judges shape public trust in the judiciary

Although celebrated just two days after International Women’s Day, its lesser-known sibling – International Day of Women Judges on 10 March – marks a significant day for the role of women in delivering justice. Equal and full participation of women in the judiciary is a long-standing aspiration and since the adoption of UNGA resolution 75/274 in 2021, 10 March has become a key moment on the journey to advancing women's participation and strengthening public confidence in justice systems.

In Montenegro – one of the six jurisdictions where the Western Balkans Trial Monitoring Project is being implemented – women make up nearly 62% of the judiciary. Moreover, women hold slightly more than half of all senior judicial positions, such as court presidents.

Mirjana Popović, President of the Appellate Court of Montenegro and chairperson of the Montenegrin Association of Women Judges, says that although the majority of judges in Montenegro are women, the country still has a long way to go to reach full gender equality in the judicial sector.

“I don’t believe that gender equality has been achieved in the Montenegrin judiciary at a satisfactory level,” President Popović said. “Achieving gender equality in any society is crucial, primarily for the protection of human rights. It is vital for promoting democracy in a society and also for strengthening the rule of law.”

Trust as a systemic issue

President Popović has closely followed the work of the OSCE-led Regional Trial Monitoring Project, whose analysis resulted in a comprehensive list of recommendations aimed at strengthening judicial accountability and independence and fostering public trust.

While equal representation of women and men in judicial roles is one of the key factors in enhancing public confidence, it cannot be the sole indicator of progress. Institutional reforms and systemic safeguards remain essential to ensuring that judicial decisions are free from bias and external influence.

“There are many factors that influence the level of public trust in the work of the judiciary,” says President Popović. “We can classify them into external and internal ones. External factors are, for example, historical legacy, political pressures, non-execution of court decisions, the transfer of political responsibility to the judicial branch, and so on. Internal factors are, among others, the competence of judges and the way of conducting penal policy.”

“It is exactly with internal factors that the Association of Women Judges can contribute,” said President Popović, adding that a number of activities have been undertaken that aim to educate judicial office holders. These have focused on raising awareness of the importance of the gender component for the judiciary, eradicating stereotypes and prejudices, and mandatory use of gender-sensitive language in trials and decision-making.

Gender bias in the courtroom

Funded by the European Union and implemented by the OSCE, the Western Balkans Trial Monitoring Project follows high-level organized crime and corruption cases across all six Western Balkans jurisdictions. More than 20 trial monitors operate in around 30 courts across the region, offering first-hand data, including insight into gender bias in criminal proceedings.

Gender bias in the courtroom takes many forms, from subtle dismissive remarks to overt discriminatory behaviour. Indeed, gender bias ranges from sexist comments made in passing, belittling or patronizing tones when addressing women, remarks on physical appearance, or even victim-blaming. These actions have the potential to affect both judicial decisions and the overall fairness of criminal proceedings negatively.

Women’s leadership hindered by stereotypes

As Mirjana Popović points out, women judges in the Western Balkans continue to face intersectional bias. The judiciary, which is still perceived as a traditionally male-dominated field worldwide, often operates with deeply ingrained gender stereotypes that have the potential to influence career progression and the judicial decision-making process. These include traditional gender roles, implicit bias, and cultural expectations that often challenge women’s ability to rise to leadership positions.

“I believe that any judiciary in the Balkans, including in Montenegro, should invest in making all judicial office holders aware of stereotypes and prejudices of which they are often unaware, and which can affect the perception of facts in proceedings. But I also believe that we must not neglect the importance of our male colleagues and their role in the process of gender awareness in the Montenegrin judiciary,” said President Popović, adding that she sees that both men and women colleagues are increasingly interested in the issue of gender equality in the judiciary.

She highlights that targeted efforts are increasingly challenging these stereotypes.  These promote an inclusive, diverse, and impartial judiciary that upholds fairness and justice without being shaped by restricting, and often harmful, gendered expectations. In this regard, President Popović strives to lead by example.

“The president of the Appellate Court was an almost unreachable position for me. Since its existence we have only had one woman as its president and that was in a short-term capacity for a couple of months. I am the first woman appointed as the president of the Appellate Court of Montenegro for a full term and I want to encourage all young colleagues to direct their ambitions, regardless of the stereotypes and prejudices they face, towards those high positions in the judiciary,” said President Popović.

Gender equality in the courtroom for a fairer judiciary

Eliminating or, at the very least, reducing gender bias through women’s full participation in judicial roles is not just a matter of equity; it is one of the prerequisites for meaningful justice system reform.

Strong representation of women in Montenegro’s judiciary is not just about diversity – it is a key pillar of judicial efficiency. It contributes to ensuring consistent decision-making that is free from bias and reinforces trust in the system. Ultimately, the judiciary’s legitimacy rests on its ability to deliver justice without prejudice – and fostering women’s equal participation within this sector is a key step toward achieving that goal.