Gender imbalance in Russian judiciary: feminization of profession

Abstract

This article examines the reasons driving the feminization of the Russian judiciary. This research builds on previous explorations of the feminization of the legal professions in other countries. The literature review demonstrates the variety of positions women hold in the judiciaries in countries with differing legal systems. Women remain under-represented in the majority of countries that follow common law systems. On the other hand, countries with a civil law system are generally closer to parity between the sexes and, in some cases, women even predominate. In spite of the feminization occurring in the judiciary, researchers have emphasize the continued obstacles and disadvantages that women face in building a career in this field. Vertical and horizontal segregation still exist in the legal professions of civil law countries.

The case of the Russian judiciary has problems in common with civil law countries. However, there are also some particularities that make the Russian case worth examining. This includes the unique experience derived from its Soviet heritage and the fact that feminization in the Russian judiciary, unlike in many other occupations, has not occurred alongside a corresponding decrease of the prestige and status of the profession. On the contrary, the rise on the number of women in the judiciary has coincided with an increase of the profession’s prestige. Thus, Russian case can be seen the example of successful feminization.

In this article the conclusion is reached that one of the key factors in female domination in the judiciary is the influence of recruiting practices. Secondary analysis of quantitative data and interviews with judges form the basis of this research. In applying a gender approach to studying organizations, it is argued that the feminization of the judiciary can be explained by a recruitment system for two reasons. Firstly, one of the most typical ways to be appointed a judge in Russia nowadays is through appointment by the court administration. Secondly, the work in the court administration consists of office-type work that is considered to be a “female” job. Because of this, the overwhelming majority of those working in the court administration are women. Thus, when recruitment is carried out by the court administration the majority of recruits turn out to be women. It the manner of this recruitment that, at least in part, allows us to characterize the feminization of the Russian judiciary as successful.