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Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.
CEDAW --- Children and Youth --- Development --- Economic Empowerment --- Gender --- Gender and Development --- Gender and Law --- Law --- Legal Products --- Macroeconomics and Economic Growth --- Population Policies --- Poverty Reduction --- Property Rights
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The importance of property rights in providing the incentive to invest, work hard, and innovate has been recognized for centuries. Yet, many women in Africa do not have the same property rights or formal legal capacity enjoyed by men. Empowering Women: Legal Rights and Economic Opportunities in Africa documents the extent to which the legal capacity and property rights vary for women and men, and analyzes the impact this has on women's economic opportunities. The book introduces the "Women's Legal Economic Empowerment Database - Africa (Women LEED Africa)." This database covers all 47 countrie
Women --- Women's rights --- Sex discrimination against women --- Economic conditions. --- Social conditions. --- Discrimination against women --- Subordination of women --- Women, Discrimination against --- Feminism --- Sex discrimination --- Male domination (Social structure)
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Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic-half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries, increased growth is not necessarily going to spark additional reforms. Clearer patterns emerge from the momentum created by international conventions, such as the Committee to Eliminate All Forms of Discrimination against Women (CEDAW), women's political representation at the national level, mobilization of women's networks, and increasing labor force participation in sectors that provide a voice for women, which are positive forces for change. Conversely, conflict and weak rule of law can entrench a discriminatory status quo. And much is at stake; strengthening women's legal rights is associated with important development outcomes that can benefit society as a whole.
Access to Finance --- CEDAW --- Development --- Finance and Financial Sector Development --- Gender --- Gender and Development --- Gender and Law --- Law --- Legal capacity --- Legal Products --- Population Policies --- Private Sector Development --- Property rights
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This paper looks at the structural marginalization of eth-nic, religious, and sexual minorities in six pilot economies (Bulgaria, Mexico, Morocco, the Netherlands, Tanzania, and Vietnam) and proposes a new methodology for collecting cross-country comparable data on antidiscrimination legal frameworks. The data cover six areas of law, ad-dressed by six indicators: (a) access to institutions, (b) access to education, (c) access to the labor market, (d) access to property, (e) access to public services and social protection, and (f) protection from hate crimes and hate speech. The laws, policies, and regulations presented fall under one of these indicators. For each, the paper attempts to identify the minority gap, the difference between the legal treatment of the ruling majority and that of the minority. Data were collected through two sources: first, standardized surveys submitted to ombudsman institutions, lawyers, academics, and civil society organizations; second, public government records on laws and regulations and data from international legal databases and human rights organizations. The idea driving the study is that institutional measures that hamper the access of ethnic, religious, and sexual minorities to the labor market and financial systems directly affect their economic performance and, as a consequence, represent a cost for the economy. Among the findings of the study is that antidiscrimination labor legislation is well developed in all six pilot economies, but many gaps still exist in access to property and in access to public goods and social services. The study also found that, of the three groups covered by the study, the least protected under the law are the sexual minorities. Although data from six economies cannot provide statistical evidence, findings suggest the need for further research. The authors hope to encourage a wider debate on the consequences of systematic discrimination against minorities and to help governments critically review their legal frameworks to ensure equal opportunities for all citizens, regardless of religion, ethnicity, gender identity or sexual orientation.
Descrimination --- Education For All --- Equality Of Opportunities --- Ethnic Minorities --- Human Rights --- Inclusive Growth --- Inclusive Jobs --- Indigenous Peoples --- Inequality And Shared Prosperity --- LGBTI --- Religious Minorities --- Social Inclusion
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This study uses a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years to test for the impact of legal reforms on employment, health, and education outcomes for women and girls. The database demonstrates gender gaps in the ability to access and own property, sign legal documents in one's own name, and have equality or non-discrimination as a guiding principle of the country's constitution. In the initial period, 75 countries had gender gaps in at least one of these areas and often multiple ones. By 2010, 57 countries had made reforms that strengthened women's economic rights, including 28 countries that had eliminated all of the constraints monitored here. In the cross-section and within countries over time, the removal of gender gaps in rights is associated with greater participation of women in the labor force, greater movement out of agricultural employment, higher rates of women in wage employment, lower adolescent fertility, lower maternal and infant mortality, and higher female educational enrollment. This paper provides evidence on how the strengthening of women's legal rights is associated with important development outcomes.
Access to Finance --- Education --- Employment --- Empowerment --- Finance and Financial Sector Development --- Gender --- Gender and Law --- Health --- Labor Policies --- Law --- Legal Capacity --- Legal Products --- Population Policies --- Private Sector Development --- Property Rights
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Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic-half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries, increased growth is not necessarily going to spark additional reforms. Clearer patterns emerge from the momentum created by international conventions, such as the Committee to Eliminate All Forms of Discrimination against Women (CEDAW), women's political representation at the national level, mobilization of women's networks, and increasing labor force participation in sectors that provide a voice for women, which are positive forces for change. Conversely, conflict and weak rule of law can entrench a discriminatory status quo. And much is at stake; strengthening women's legal rights is associated with important development outcomes that can benefit society as a whole.
Access to Finance --- CEDAW --- Development --- Finance and Financial Sector Development --- Gender --- Gender and Development --- Gender and Law --- Law --- Legal capacity --- Legal Products --- Population Policies --- Private Sector Development --- Property rights
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