Brazil: New IBA report shows women underrepresented at senior levels across all sectors of the law
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The International Bar Association (IBA) Legal Policy & Research Unit (LPRU) and Lexis Nexis Rule of Law Foundation have released the latest in their series of reports on gender inequality in the legal profession, this time focusing on Brazil – the 50:50 by 2030: A longitudinal study into gender disparity in law – BRAZIL RESULTS REPORT (the Brazil Gender Report). The research found that 44 per cent of all lawyers in the country are female, a figure that drops to 37 per cent at senior levels.
Paula Barioni, Brazilian Criminal Lawyer and author of this report, said: ‘I am honoured that the IBA entrusted me with the opportunity to contribute to the effort for gender equality. In the Brazil report we spotlight just some of the numerous Brazilian women who have been able to resist the adversities imposed on us and have contributed to our development as a nation. I am confident that expressions of global unity, provided by initiatives such as the '50:50 by 2030' project, will continue to contribute to the strengthening of our humanity, so that disparities are eliminated once and for all.’
Luís Roberto Barroso, President of the Supreme Federal Court and of the National Council of Justice, commented in his foreword for the Brazil Gender Report: ‘Brazilian culture places a disproportionate burden on women, restricting their ability to participate in public life. Increasing women’s participation in the public sphere is a critical objective. Their advancement isn’t just about gender equality – it’s a matter of national interest.’
The Brazil Gender Report is the ninth report to be released since the project began in 2021. The project seeks to examine female representation at senior levels across all sectors of the law and identify the root causes of gender disparity.
In contrast to previously surveyed jurisdictions, the statistics in Brazil’s Gender Report reveal relatively low numbers of women at the top of the legal profession in the public sector: women make up 43 per cent of public sector lawyers in the country but represent only 28 per cent at senior level. It is law firms which have the greatest female representation both overall (55 per cent) and at a senior level (43 per cent), a statistic contrary to findings of previous jurisdictions surveyed. The judiciary has the lowest representation of women: 38 per cent of all judges are female, dropping to 21 per cent at a senior level.
To address gender disparity in the profession, the judiciary has recently set about implementing national targets, creating positions open exclusively to women, to increase female representation in leadership positions to 50 per cent.
José Alberto Simonetti, President of the Federal Council of the Brazilian Bar Association (OAB), added: ‘Ensuring gender equality requires the participation of all sectors of society. In Brazil, the OAB has implemented various initiatives to combat inequality between men and women in the legal profession. Gender quotas in internal elections and the defence of the rights of pregnant, adopting and breastfeeding lawyers are examples of efforts to change the Brazilian reality. The report “50:50 by 2030 - Longitudinal Study on Gender Disparity in Law”, produced by the International Bar Association, highlights private practice as the legal profession with the highest proportion of women. The result reflects the advances of the class and, above all, the struggle of women lawyers.’
Other key facts from the Brazil Gender Report, covering private practice, in-house legal teams, public sector institutions and the judiciary, include:
- in the corporate sector, women make up 34 per cent of lawyers in senior leadership positions;
- 87 per cent of respondents monitored gender parity overall, with 71 per cent monitoring it at a senior level;
- almost all public sector institutions monitor parity in all positions, with 50 per cent monitoring it at a senior level;
- the judiciary monitored gender balance both overall and at a senior level; and
- across all sectors, flexible working is the most popular initiative to address gender disparity, offered by nearly 64 per cent of respondents.
Background:
The 50:50 by 2030: A longitudinal study into gender disparity in law is a nine-year global project, conceived by IBA President Almudena Arpón de Mendívil Aldama and launched in 2021. President Arpón de Mendívil stated at its inception: ‘Despite good intentions, despite the merits and talent of so many women, we still don’t reach the most senior positions across the legal sector mainly due to discriminatory obstacles placed in our paths. This directly clashes with the principles defended by our profession. The legal sector cannot afford this contradiction and should lead by example. With the benefit of raised general awareness around discrimination, it is time for increased action. Through the “50:50 by 2030” global study the IBA aspires to build global empirical evidence on the barriers causing the disparity in figures between women and men in senior roles and to put forward remedies to rectify the situation in line with the UN Sustainable Development Goal on gender equality. We are committed to developing solutions that will bring about lasting change to reflect the broader profession and society as a whole.’
To date (August 2024), nine reports have been published (including this report on Brazil) for the jurisdictions of England and Wales, Uganda and Spain in 2022; Nigeria, the Netherlands and Chile in 2023; and a case study on training for female lawyers in Nepal and a report on the Republic of Korea in 2024. Reports on Mexico, Turkey and Ukraine are due to be released in the coming months.
Stakeholders interested in producing a case study on gender balance in the legal profession should contact: Sara.Carnegie@int-bar.org.
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Contact: IBApressoffice@int-bar.org
Notes
- Click here to access the country reports.
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