ABSTRACT

The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality.

Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women.

Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

part I|34 pages

Women and the law

chapter 1|13 pages

In pursuit of gender-responsive legislation

Transforming women’s lives through the law

chapter 2|19 pages

Women’s rights – the state of play

How far have we come since the Beijing Declaration?

part II|70 pages

Legislating for women

chapter 3|17 pages

Domestic violence law

When good intentions go awry in practice

chapter 4|18 pages

Towards a gender-transformative approach to abortion

Legislative perspectives from South Asia and Sub-Saharan Africa

chapter 5|16 pages

Employing the law for women

Gender, work and legal regulation in Australia

chapter 6|17 pages

Enhancing equality in political life

Successes and limitations with electoral gender quotas

part III|62 pages

Legislating with women in mind

chapter 7|21 pages

Gender, race and environmental law

A feminist critique

chapter 8|21 pages

‘No one left behind’?

Gender equality in taxation and the UN 2030 Global Agenda

chapter 9|18 pages

Women in anticorruption laws

The case for more gender-responsive international treaties

part IV|60 pages

Accountability for embedding women’s rights in domestic law

chapter 10|19 pages

CEDAW and global standards for women’s rights

The Convention’s actual and potential influence as an accountability mechanism for gender-sensitive legislation

chapter 11|13 pages

Lighting the spark

Reimagining the statutory landscape through the Feminist Legislation Project

chapter 12|15 pages

Gender audits and legislative scrutiny

Do parliamentary human rights bodies have a role to play?

chapter 13|11 pages

Conclusion – women and the law

The challenges ahead for gender-responsive legislation