gender inequality in marriage and criminal laws essay

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Marriage choices affect gender gaps and inequality, new analysis finds.

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Despite achieving gradual progress closing gender gaps in recent decades, women around the world still lag behind men in wages earned. Meanwhile, income inequality has increased — rapidly, in some countries.

To better understand what drives these forces, a new analysis by Yale economist Ilse Lindenlaub and co-authors asks a novel question: How do people’s marriage choices affect the labor market, and ultimately gender wage gaps and income inequality?

“ Who matches with whom on the marriage market impacts how many hours each spouse will devote to their jobs as opposed to household duties,” said Lindenlaub, an assistant professor in the Department of Economics. “In the labor market, employers care about workers’ skills but also how many hours they are willing to work, so labor supply choices have an impact on the labor market match. How households decide to allocate their time is the link between the marriage and the labor market.”

Lindenlaub worked with Yale Ph.D. candidate Paula Calvo and Ana Reynoso ’18 Ph.D., assistant professor of economics at the University of Michigan, to build a model incorporating both the marriage and labor  markets, based on three decisions faced by individuals: whether and whom to marry; how much time to allocate to work as opposed to childcare or housework; and which job to choose. Their analysis suggested that partners with similar education are more likely to work a similar number of hours and share household duties, particularly childcare, more equally than couples with different education levels, where the better-educated spouse is the primary breadwinner — and that these factors can affect gender gaps and income inequality.

A growing body of research examines the link between the labor market and gender earnings gaps, particularly the effects of reduced labor force participation by women. Other areas of research explore the marriage market, including who marries whom and women’s disproportionate role in home production duties (e.g. childcare, cooking, and chores). Until now, however, no analysis had featured both markets in equilibrium, with the households’ labor supply decisions as the link.

The new analysis suggested a key dynamic: whether the time spouses work at home is more productive when both make similar time investments — for example, if children do better when both parents invest equally — had important associations with who marries whom, and the spouses’ decisions over how much to work and which job to choose. When it is more productive for both partners to share household duties, spouses are more likely to have similar education levels, be part of dual-career couples, and share childcare and housework. This reduces gender gaps and inequality within households — reflecting “progressive” marital roles. 

On the contrary, when specialization in household duties is more productive, spouses are more likely to form single-earner households, with greater disparities in education levels and one partner assuming the bulk of household duties, reflecting “traditional” marital roles. This widens gender gaps and inequality within households. Thus, whether household duties are more productive when shared or specialized — which can depend on many factors, such as the availability of modern appliances and the internet, the nature of childcare, or even government policies like paid parental leave — affects gender and household inequality.

Despite finding that sharing household roles can promote gender and income equality within households, the model predicted that it increased inequality between households.

“ With stronger complementarities in home production among spouses, highly educated people increasingly marry other highly educated people, while less-educated people increasingly marry other less-educated people,” Calvo explains. “This reduces gender gaps in labor market outcomes, since similarly educated partners tend to work similar hours compared to couples with big differences in education. But this shift increases inequality between households, since less-educated households earn increasingly lower wages than higher-educated households.”

Lindenlaub, Calvo, and Reynoso then utilized data from the German national household survey to investigate the model’s predictions empirically. The analysis confirmed their hypotheses: German spouses’ household roles had indeed become more complementary over time, alongside the model’s predicted effects on gender gaps and inequality. 

The coauthors’ working paper charts new ground in the family economics literature and has significant real-world implications. Policies affecting who marries whom (e.g. tax policies) or how households allocate time and labor (e.g. parental leave or universal childcare) have the power to mitigate or amplify gender gaps and income inequality — underscoring the need for a better understanding of these spillovers across both markets.

Lindenlaub’s collaboration with current and former students also underscores the central role of student-faculty cooperation at Yale. “It’s a very cooperative partnership — we are all equally invested in the project and complement each other well, which makes it successful,” said Lindenlaub. “At Yale, collaborations like ours happen naturally and frequently.”

In addition to co-authoring the paper, Calvo was able to leverage the research project for her job market paper, and the collaboration was a highlight of her Ph.D. experience. “It is not common to have an economics paper with three female coauthors,” she said. “I learned a lot from Ilse and Ana — not only about how to do research, but also about how to navigate the economics profession, and how to navigate it as a woman.”

Greg Larson is a freelance consultant and writer focused on economics, public policy, and social impact.

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Policy briefs

Criminal Justice

Equal Justice for All? An Impartial Look at Gender Disparities within the Criminal Justice System

This brief aims to analyze gender disparities in the criminal justice system and propose legislation to enforce equality. We find that sexism in criminal justice is an expansive issue affecting all gender identities and that policy solutions should target reproductive health, mental health, and intersectional disparities between LGBTQ+ and BIPOC individuals.

Published by ‍

Aarya Chowdhry

Anagha nagesh.

Alayna Hassan

Suchir Paruchuri

September 15, 2023

At YIP, nuanced policy briefs emerge from the collaboration of six diverse, nonpartisan students.

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This brief will examine the causes and impacts of gender inequality in the United States criminal justice system. It examines the effects of gender-based persecution across various gender identities and proposes legislation to combat sexist systems and conduct.

A. Pointed Summary

• Sexism affects those of all gender identities
• Both men and women are discouraged from reporting assault due to gender-based stigmas
• While men are generally more likely to go to prison, female incarceration has been increasing
• Transgender individuals face unique struggles regarding hormone therapy and unfair prejudice

B. Relevance

Sexism in law enforcement impacts all gender identities, specifically in cases of sexual assault. According to Meghan Stroshine, Chair and Associate Professor of Cultural Sciences at Marquette University, “Males are far less likely to report their victimization and therefore far less likely to seek or obtain help.” She attributes this to a stigma around victimization, pushing that victims are weak and helpless, conflicting with the portrayal of masculinity in American culture. Stroshine also cites the fear that society will not believe them — a fear that men and women have in common.

According to the Department of Justice , only 20% of female college students report sexual assault. The most commonly cited reasons were a fear of retaliation from the perpetrator, belief that the crime was a “personal matter,” or a feeling that the crime was unimportant. Additionally, many women fear the blame will be placed on them, most commonly for “asking for it” by wearing revealing clothing. According to a study conducted by Jane E. Workman and Elizabeth W. Freeburg, which analyzes the impact of dressing on the perception of a sexual crime, “Both men and women who viewed a photograph of a victim in a short skirt attributed more responsibility to the victim than those who viewed a photograph of a victim in a moderate or long skirt.” This shift in responsibility for the crime (from perpetrator to victim) causes many women to stay silent and thus not receive justice.

Studies by the Department of Justice show that men are generally eight times more likely to go to jail than women. Authors of the paper “From Initial Appearance to Sentencing: Do Female Defendants Experience Disparate Treatment?” hypothesize that judges may give leniency to women who embody a “housewife” archetype and that they subconsciously identify female defendants with women in their lives. Despite this theory, however, female incarceration is on the rise. According to the Prison Policy Initiative, women’s state prison populations have grown over two times faster than men’s over the last 30 years. Additionally, the The National Resource Center on Justice Involved Women states that the number of female offenders since 1980 has increased by 700%, leading to women becoming one of the fastest-growing populations within the system and being the most significant minority that faces gender inequalities. T he Sentencing Project believes this change results from “more expansive law enforcement efforts, stiffer drug sentencing laws, and post-conviction barriers to reentry that uniquely affect women.”

Transgender individuals also face unique challenges within the prison system. Many trans people opt to use hormonal therapy as part of their transition; however, once incarcerated, the abrupt termination of this therapy can cause side effects and emotional dysregulation. Transgender identity could also “affect decisions to arrest, influence jury verdict decision-making and could lead to disproportionate sentences exceeding what is typical for the crime committed,” according to the American Psychological Organization. An individual’s gender identity can impact their likelihood of incarceration, treatment in prisons, and ability to receive justice.

The history of gender inequality within the criminal justice system is a complex and long-standing tale that has spanned well over a couple centuries, both in the United States and other countries. During the 19th century, women were systematically marginalized throughout all branches of the justice system. They often faced limited access to legal services while being sentenced to higher terms than their male counterparts for similar crimes. However, vast progress has been made within the realm of this crucial issue, which is further supported by a rise in women’s rights movements and an increase in widespread legal reforms addressing this discrepancy within the criminal justice system. Nevertheless, these inequities have continued to persist over the past decades, as gender disparities within the justice system have continued to negatively affect women of color, especially those within historically marginalized communities.

A. Current Stances ‍

There is not much research available on public opinion surrounding gender disparities in criminal justice. However, most Americans believe that criminal justice reform is needed. Most Americans would rather attack the underlying causes of criminal activities rather than impose harsh sentences, says the Open Society Foundations.

B. Tried Policy

Various federal and state-level legislation and initiatives have been implemented over the past decades to decrease the prevalence of gender disparities within the justice system. An example of this is the Texas House Bill 650 , which implements requirements such as gender-responsive training for correctional officers, the prohibition of solitary confinement and shackling for specific time periods after birth, and the expansion of access to numerous feminine hygiene products. All of these measures have been written into their law as part of extensive efforts to improve conditions for incarcerated women within the prison system. Other states, such as California, have also passed or are considering the implementation of laws to substantially address the systematic gender inequity issues that incarcerated women face on a constant basis.

Gender-based policing is a critical issue, preventing thousands of women who have been victims of sexual assault, domestic violence, and other serious crimes from seeking justice due to stereotypes and biases held by police officers. Numerous major police departments in places such as Washington D.C., Philadelphia, and New Orleans have been shown to systematically oppress female victims of aforementioned crimes while also failing to act against officers who have conducted these sorts of misconduct. In order to combat this issue, federal laws such as the Violence Against Women Act and Safe Streets Act contain statutes that forbid actions of sex/gender discrimination by law enforcement officials. Legislation such as these have shown to be crucial towards ensuring equitable treatment for women in the criminal justice system, and it is vital that laws like these continue to be debated and implemented across the nation in order to significantly decrease gender discrimination and disparity outcomes throughout our justice system.

Policy Problem

A. Stakeholders

Gender is prevalent in the criminal justice system, and it is crucial to discuss the inequalities faced by gender minorities that prevent the justice system from being fair. The prominent gender minority affected by gender bias within the justice system is cis-women, who make up around 9.8% of the federal prison population in the United States. When discussing gender inequalities, it is also essential to take female legal professionals and law enforcement into the equation, as they face many disparities.

There is not as much information regarding other gender minorities. However, there still is recognition that minorities, such as transgender women, are discriminated against based on their background and gender. It has also been shown that women of color are more prone to be convicted, as “black women are overrepresented within the justice system”. (U.S Department of Justice, Office of Justice Programs)

B. Risks of Indifference ‍

Gender disparities and inequalities are important to discuss to tackle all kinds of discrimination and inequity within criminal justice to make a better system that is fair to all. Gender minorities within the legal system suffer from deep-rooted discrimination. Therefore, it is vital to address them. For example, women legal professionals are often billed at a lower rate or given a lower pay rate than equally qualified men. In addition to the low pay rates, women are more likely to be interrupted and have to do more of the office “housework,” which means that they automatically have to do more of the non-legal work within the office. The  character of women is also often demeaned and penalized if they possess more substantial characteristics, such as assertiveness, even though these characteristics are crucial for lawyers and legal professionals. For the criminal justice system to be fair, it is necessary that the discrimination faced by female judges, prosecutors, attorneys, support staff, and more is addressed and resolved so that it becomes a healthy environment for all.

Other than within legal professions, it is also imperative to discuss gender inequalities and how gender plays a role when dealing with female offenders and their rehabilitation. Women often have different pathways into prisons and crime compared to men. According to the US Department of Justice and the Office of Justice Programs, women offenders or at-risk girls and women are more likely to have a history of different abuses like sexual abuse and emotional or physical trauma, which often leads them to crime as well as recidivism; they usually have an unstable mental status which affects their ability to think and act rationally. Their previous history is vital to consider when talking about rehabilitation, as only after taking their experiences into account would we be able to find better solutions that genuinely help incarcerated individuals and their reentry into society. The conditions in the jails and prisons are also different compared to male prisons; women are said to experience high rates of mental health problems in prisons. The National Resource Center on Justice Involved Women also states that “Substance abuse among justice-involved women is at least as prevalent, if not more so, than men, with 65-80% of women in prisons or jails reporting at least some drug involvement. A particular concern for women is that they are twice as likely as men to have co-occurring substance abuse disorders and mental illness (40.5 percent for women vs. 22.9 percent for men).” Therefore, the approach needs to be varied, and new programs and reform ways are to be implemented. Addressing these gender minorities are various ways we can reduce crime and try to give holistic reform options to gender minorities that cater to them and their needs. 

That being said, if these disparities are not addressed, an unequal system will continue to remain, which gives unequal access to justice to minorities and impacts rehabilitation and the potential to have a well-functioning society.

Policy Options

For criminal justice to be more inclusive and incorporative of different gender and sexes, efforts must be made toward restitutional and incriminatory policies. One of the major problems that women and non-binary people face in restitutional processes is accessing legal justice services. This involves a lack of financial resources to initiate legal processes and socio-psychological support, specifically in cases of sexual offenses. Furthermore, it includes the insufficiencies in the incriminatory processes, such as lack of gender diversity amongst the judicial officials, and a basic understanding of issues related to women and non-binary people, alongside personal biases and loosely defined laws.   ‍

The Bangkok Laws or the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders were voted on by the United Nations General Assembly in 2010, laid down guidelines for the participant states to reform non-custodial measures and provided further gender-focused guidelines. This was in response to the Tokyo rules (adopted in 1990) which lay down ground rules for non-custodial justice measures and alternatives to imprisonment. They also focus on larger community management of offenses, such as a greater responsibility toward society, implementation of restorative justice, and protection. They lay an even greater emphasis on gender-based imprisonment policies such as local allocation and medical and mental health services to be provided for women prisoners. This includes the responsibility of the state to allocate women offenders to prisons close to their place of residence, access to gender-specific medical care, state-sponsored treatment for diseases like HIV/AIDS, substance abuse prevention and treatment, and self-harm prevention. 

Reforms for handling female prisoners and invasive screening procedures are suggested to be scrapped. More liberty has been allocated in terms of familial and maternal communication alongside specific guidelines for juvenile female offenders. Although the US agreed to the Bangkok Laws, many of the guidelines have not been taken as seriously and are either superficially implemented or not at all. The geographical location, demographics like ethnicity and race, and state-wise budgetary allocations are some of the deciding factors in the implementation of the suggested reforms. 

Healthcare necessities remain an ongoing issue for incarcerated women in the United States prisons as well. From mental health resources to support for pregnant women, the United States prison system, created with the needs of men in mind, fails to encapsulate the essentials of imprisoned women effectively. Lack of access to healthcare, sanitary products, and other supportive resources for menstruation negatively impacts women’s mental health and sanitation in these prisons. Therefore, to decrease anxiety over access, it remains crucial to address the basic needs of women. With a healthy emotional prison environment, rehabilitation in prison systems becomes a relatively more straightforward job, eventually leading to lower recidivism rates and prison numbers. 

Another aspect of women’s health care that the current prison system fails to consider is reproductive health care (contraceptives, abortion, sex education, adequate wages). Almost 5% of women in jails, 4% of women in state prisons, and 3% of women in federal prisons are pregnant when incarcerated. Given the number of pregnant incarcerated women, the lack of health care standards for pregnancy care in prisons even today reflects the urgency for policies supporting investment in educational and adequate medical resources for these women. Even though organizations and institutions are working toward pregnancy care in prisons in the United States, several institutions rely heavily on donations that are irregular and unequally distributed throughout the country. Therefore, community-based programs supported by state and federal governments could help eliminate the disparities in allocating these resources. 

Furthermore, according to the National Institute of Justice , in order to maximize the effectiveness of reentry programs for women and to decrease recidivism rates, rehabilitation and reentry programs should be gender-informed. Gender-informed reentry programs could ensure that the specific needs, patterns, and healthcare resources for specific genders and sexualities are catered accordingly.  

In addition to homophobia and transphobia, disparities in arrests and treatment of the LGBTQ+ communities in prisons are other examples of gender disparities observed in the criminal justice system. Due to high rates of contact with the criminal justice system, lesbian and bisexual women are four times as likely to be arrested than straight women. In addition, several transgender people in prisons report feeling unsafe in the prison environment due to their gender orientation, and BIPOC LGBTQ + people are twice as likely to be put in solitary confinement under the illusion of being protected from discrimination behind bars. 

To address these direct and indirect disparities in the treatment of LGBTQ+ communities in the criminal justice system, it remains necessary to bring about policy reform both in and out of prisons. Homophobia and transphobia in societies, in general, contribute to homophobic and transphobic environments within prisons. According to the Prison Policy Initiative, the first steps toward reducing discrimination at any level are increasing support for LGBTQ+ youth and advocating for equality and education on equity among genders and sexualities. 

A current threat to the treatment of LGBTQ+ communities within the criminal justice system remains Sodomy Laws. Although struck down 20 years ago by the United States Supreme Court under the decision of Lawrence v. Texas, specific legal codes inherited from the British Common Laws against sodomy within the LGBTQ+ communities remain in Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas. As long as these legal codes remain, according to Amanda Holpuch in the New York Times, these laws can still be used to discriminate. Therefore, now more than ever, after the overturn of Roe v Wade, it remains essential to remove such laws from every state. It is imperative to look deeper into the contributing factors that have prevented the reforms from being impartially implemented. The suggestions act as a guiding light for the rectification of criminal justice policies in relation to gender disparities and allow for a more significant space to be created both in terms of discourse and practice for just, equitable, and inclusive justice policies.

The pervasive gender disparities within the criminal justice system necessitate immediate attention and policy reform. The effects of gender-based discrimination extend across various gender identities, affecting reporting, sentencing, and rehabilitation. To address systemic unfairness, lawmakers must craft policies aimed at remedying disparities confronted by gender-diverse groups and sexual minorities such as cisgender women, transgender people, and LGBTQ+ collectives facing inequity. The Bangkok Laws and United Nations Rules provide a blueprint for gender-focused reform, but their effective implementation remains inconsistent. By addressing reproductive and mental health needs, removing biases, and providing comprehensive rehabilitation programs, the criminal justice system can evolve into an inclusive and equitable framework. The imperative lies in dismantling discriminatory practices, advocating for policy change, and championing the rights of all genders within the criminal justice landscape.

Acknowledgment

The Institute for Youth in Policy wishes to acknowledge Ahad Khan, Donovan Zagorin, Nolan Ezzet, and other contributors for developing and maintaining the Policy Department within the Institute

Works Cited

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Criminal Justice Team Lead

Aarya currently co-leads Criminal Justice Policy in the Policy department and is an Outreach Intern in the Education department at YIP. Fortunate to call Kanpur, India, her hometown, she is an avid reader, learner and poet.

Anagha is a current student at John P. Stevens High School in New Jersey. She joined YIP in the Spring 2023 fellowship and now co-leads the Criminal Justice policy team. She hopes to pursue political science or policy in college. In her free time, she likes to sing, act, and travel.

Alayna is studying natural sciences with a specialization in English, in Sweden. She is very passionate about health, public policy and social justice (among many other topics). In the future, she aspires to merge these interests to help create change for good. In her free time, she love to read, binge-watch sitcoms and doing anything creative.

Policy Analyst

Emily is a passionate and inquisitive individual who finds joy in the simple act of reading. As a current junior, she has cultivated her fervor within the realm of gender rights, criminal justice, and public policy.

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The Polarizing Reality of Comprehensive Sexual Education

Public Health Policy

Varun Venkatesh

For far too long, sexual education has been a topic of debate in America, with party lines determining the education American children so desperately require. With sexual education and policy pertaining to curricula framing political agendas and covering national broadcasts, this brief will explore the pressing political polarization behind comprehensive sexual education.

Gun Legislation in the U.S.

Social Policy

Gracie Adams

With an increase of mass shootings occurring in the U.S., gun control advocates and many Americans push for stricter, more effective legislation that protects U.S. citizens from the prominent threat of gun violence. This policy brief summarizes the state of mass shootings in the U.S., current legislation, and policy proposals and its supporters.

Doha Declaration

Education for justice.

• Agenda Day 1
• Agenda Day 2
• Agenda Day 3
• Agenda Day 4
• Registration
• Breakout Sessions for Primary and Secondary Level
• Breakout Sessions for Tertiary Level
• E4J Youth Competition
• India - Lockdown Learners
• Chuka, Break the Silence
• The Online Zoo
• I would like a community where ...
• Staying safe online
• Let's be respectful online
• We can all be heroes
• Respect for all
• We all have rights
• A mosaic of differences
• The right thing to do
• Solving ethical dilemmas
• UNODC-UNESCO Guide for Policymakers
• UNODC-UNESCO Handbooks for Teachers
• Justice Accelerators
• Introduction
• Organized Crime
• Trafficking in Persons & Smuggling of Migrants
• Crime Prevention & Criminal Justice Reform
• Crime Prevention, Criminal Justice & SDGs
• UN Congress on Crime Prevention & Criminal Justice
• Commission on Crime Prevention & Criminal Justice
• Conference of the Parties to UNTOC
• Conference of the States Parties to UNCAC
• Rules for Simulating Crime Prevention & Criminal Justice Bodies
• Crime Prevention & Criminal Justice
• Engage with Us
• Contact Us about MUN
• Conferences Supporting E4J
• Cyberstrike
• Play for Integrity
• Running out of Time
• Zorbs Reloaded
• Developing a Rationale for Using the Video
• Previewing the Anti-Corruption Video
• Viewing the Video with a Purpose
• Post-viewing Activities
• Previewing the Firearms Video
• Rationale for Using the Video
• Previewing the Human Trafficking Video
• Previewing the Organized Crime Video
• Previewing the Video
• Criminal Justice & Crime Prevention
• Corruption & Integrity
• Human Trafficking & Migrant Smuggling
• Firearms Trafficking
• Terrorism & Violent Extremism
• Introduction & Learning Outcomes
• Corruption - Baseline Definition
• Effects of Corruption
• Deeper Meanings of Corruption
• Measuring Corruption
• Possible Class Structure
• Core Reading
• Advanced Reading
• Student Assessment
• Additional Teaching Tools
• Guidelines for Stand-Alone Course
• Appendix: How Corruption Affects the SDGs
• What is Governance?
• What is Good Governance?
• Corruption and Bad Governance
• Governance Reforms and Anti-Corruption
• Guidelines for Stand-alone Course
• Corruption and Democracy
• Corruption and Authoritarian Systems
• Hybrid Systems and Syndromes of Corruption
• The Deep Democratization Approach
• Political Parties and Political Finance
• Political Institution-building as a Means to Counter Corruption
• Manifestations and Consequences of Public Sector Corruption
• Causes of Public Sector Corruption
• Theories that Explain Corruption
• Corruption in Public Procurement
• Corruption in State-Owned Enterprises
• Responses to Public Sector Corruption
• Preventing Public Sector Corruption
• Forms & Manifestations of Private Sector Corruption
• Consequences of Private Sector Corruption
• Causes of Private Sector Corruption
• Responses to Private Sector Corruption
• Preventing Private Sector Corruption
• Collective Action & Public-Private Partnerships against Corruption
• Transparency as a Precondition
• Detection Mechanisms - Auditing and Reporting
• Whistle-blowing Systems and Protections
• Investigation of Corruption
• Introduction and Learning Outcomes
• Brief background on the human rights system
• Overview of the corruption-human rights nexus
• Impact of corruption on specific human rights
• Approaches to assessing the corruption-human rights nexus
• Human-rights based approach
• Defining sex, gender and gender mainstreaming
• Gender differences in corruption
• Theories explaining the gender–corruption nexus
• Gendered impacts of corruption
• Anti-corruption and gender mainstreaming
• Manifestations of corruption in education
• Costs of corruption in education
• Causes of corruption in education
• Fighting corruption in education
• Core terms and concepts
• The role of citizens in fighting corruption
• The role, risks and challenges of CSOs fighting corruption
• The role of the media in fighting corruption
• Access to information: a condition for citizen participation
• ICT as a tool for citizen participation in anti-corruption efforts
• Government obligations to ensure citizen participation in anti-corruption efforts
• Teaching Guide
• Brief History of Terrorism
• 19th Century Terrorism
• League of Nations & Terrorism
• United Nations & Terrorism
• Terrorist Victimization
• Exercises & Case Studies
• Radicalization & Violent Extremism
• Preventing & Countering Violent Extremism
• Drivers of Violent Extremism
• International Approaches to PVE &CVE
• Regional & Multilateral Approaches
• Defining Rule of Law
• UN Global Counter-Terrorism Strategy
• International Cooperation & UN CT Strategy
• Legal Sources & UN CT Strategy
• Regional & National Approaches
• International Legal Frameworks
• International Human Rights Law
• International Humanitarian Law
• International Refugee Law
• Current Challenges to International Legal Framework
• Defining Terrorism
• Criminal Justice Responses
• Treaty-based Crimes of Terrorism
• Core International Crimes
• International Courts and Tribunals
• African Region
• Inter-American Region
• Asian Region
• European Region
• Middle East & Gulf Regions
• Core Principles of IHL
• Categorization of Armed Conflict
• Classification of Persons
• IHL, Terrorism & Counter-Terrorism
• Relationship between IHL & intern. human rights law
• Limitations Permitted by Human Rights Law
• Derogation during Public Emergency
• Examples of States of Emergency & Derogations
• International Human Rights Instruments
• Regional Human Rights Instruments
• Extra-territorial Application of Right to Life
• Arbitrary Deprivation of Life
• Death Penalty
• Enforced Disappearances
• Armed Conflict Context
• International Covenant on Civil and Political Rights
• Convention against Torture et al.
• International Legal Framework
• Key Contemporary Issues
• Investigative Phase
• Trial & Sentencing Phase
• Armed Conflict
• Case Studies
• Special Investigative Techniques
• Surveillance & Interception of Communications
• Privacy & Intelligence Gathering in Armed Conflict
• Accountability & Oversight of Intelligence Gathering
• Principle of Non-Discrimination
• Freedom of Religion
• Freedom of Expression
• Freedom of Assembly
• Freedom of Association
• Fundamental Freedoms
• Definition of 'Victim'
• Effects of Terrorism
• Access to Justice
• Recognition of the Victim
• Human Rights Instruments
• Criminal Justice Mechanisms
• Instruments for Victims of Terrorism
• National Approaches
• Key Challenges in Securing Reparation
• Topic 1. Contemporary issues relating to conditions conducive both to the spread of terrorism and the rule of law
• Topic 2. Contemporary issues relating to the right to life
• Topic 3. Contemporary issues relating to foreign terrorist fighters
• Topic 4. Contemporary issues relating to non-discrimination and fundamental freedoms
• Module 16: Linkages between Organized Crime and Terrorism
• Thematic Areas
• Content Breakdown
• Module Adaptation & Design Guidelines
• Teaching Methods
• Acknowledgements
• 1. Introducing United Nations Standards & Norms on CPCJ vis-à-vis International Law
• 2. Scope of United Nations Standards & Norms on CPCJ
• 3. United Nations Standards & Norms on CPCJ in Operation
• 1. Definition of Crime Prevention
• 2. Key Crime Prevention Typologies
• 2. (cont.) Tonry & Farrington’s Typology
• 3. Crime Problem-Solving Approaches
• 4. What Works
• United Nations Entities
• Regional Crime Prevention Councils/Institutions
• Key Clearinghouses
• Systematic Reviews
• 1. Introduction to International Standards & Norms
• 2. Identifying the Need for Legal Aid
• 3. Key Components of the Right of Access to Legal Aid
• 4. Access to Legal Aid for Those with Specific Needs
• 5. Models for Governing, Administering and Funding Legal Aid
• 6. Models for Delivering Legal Aid Services
• 7. Roles and Responsibilities of Legal Aid Providers
• 8. Quality Assurance and Legal Aid Services
• 1. Context for Use of Force by Law Enforcement Officials
• 2. Legal Framework
• 3. General Principles of Use of Force in Law Enforcement
• 4. Use of Firearms
• 5. Use of “Less-Lethal” Weapons
• 6. Protection of Especially Vulnerable Groups
• 7. Use of Force during Assemblies
• 1. Policing in democracies & need for accountability, integrity, oversight
• 2. Key mechanisms & actors in police accountability, oversight
• 3. Crosscutting & contemporary issues in police accountability
• 1. Introducing Aims of Punishment, Imprisonment & Prison Reform
• 2. Current Trends, Challenges & Human Rights
• 3. Towards Humane Prisons & Alternative Sanctions
• 1. Aims and Significance of Alternatives to Imprisonment
• 2. Justifying Punishment in the Community
• 3. Pretrial Alternatives
• 4. Post Trial Alternatives
• 5. Evaluating Alternatives
• 1. Concept, Values and Origin of Restorative Justice
• 2. Overview of Restorative Justice Processes
• 3. How Cost Effective is Restorative Justice?
• 4. Issues in Implementing Restorative Justice
• 1. Gender-Based Discrimination & Women in Conflict with the Law
• 2. Vulnerabilities of Girls in Conflict with the Law
• 3. Discrimination and Violence against LGBTI Individuals
• 4. Gender Diversity in Criminal Justice Workforce
• 1. Ending Violence against Women
• 2. Human Rights Approaches to Violence against Women
• 3. Who Has Rights in this Situation?
• 4. What about the Men?
• 5. Local, Regional & Global Solutions to Violence against Women & Girls
• 1. Understanding the Concept of Victims of Crime
• 2. Impact of Crime, including Trauma
• 3. Right of Victims to Adequate Response to their Needs
• 4. Collecting Victim Data
• 5. Victims and their Participation in Criminal Justice Process
• 6. Victim Services: Institutional and Non-Governmental Organizations
• 7. Outlook on Current Developments Regarding Victims
• 8. Victims of Crime and International Law
• 1. The Many Forms of Violence against Children
• 2. The Impact of Violence on Children
• 3. States' Obligations to Prevent VAC and Protect Child Victims
• 4. Improving the Prevention of Violence against Children
• 5. Improving the Criminal Justice Response to VAC
• 6. Addressing Violence against Children within the Justice System
• 1. The Role of the Justice System
• 2. Convention on the Rights of the Child & International Legal Framework on Children's Rights
• 3. Justice for Children
• 4. Justice for Children in Conflict with the Law
• 5. Realizing Justice for Children
• 1a. Judicial Independence as Fundamental Value of Rule of Law & of Constitutionalism
• 1b. Main Factors Aimed at Securing Judicial Independence
• 2a. Public Prosecutors as ‘Gate Keepers’ of Criminal Justice
• 2b. Institutional and Functional Role of Prosecutors
• 2c. Other Factors Affecting the Role of Prosecutors
• Basics of Computing
• Global Connectivity and Technology Usage Trends
• Cybercrime in Brief
• Cybercrime Trends
• Cybercrime Prevention
• Offences against computer data and systems
• Computer-related offences
• Content-related offences
• The Role of Cybercrime Law
• Harmonization of Laws
• International and Regional Instruments
• International Human Rights and Cybercrime Law
• Digital Evidence
• Digital Forensics
• Standards and Best Practices for Digital Forensics
• Reporting Cybercrime
• Who Conducts Cybercrime Investigations?
• Obstacles to Cybercrime Investigations
• Knowledge Management
• Legal and Ethical Obligations
• Handling of Digital Evidence
• Digital Evidence Admissibility
• Sovereignty and Jurisdiction
• Formal International Cooperation Mechanisms
• Informal International Cooperation Mechanisms
• Data Retention, Preservation and Access
• Challenges Relating to Extraterritorial Evidence
• National Capacity and International Cooperation
• Internet Governance
• Cybersecurity Strategies: Basic Features
• National Cybersecurity Strategies
• International Cooperation on Cybersecurity Matters
• Cybersecurity Posture
• Assets, Vulnerabilities and Threats
• Vulnerability Disclosure
• Cybersecurity Measures and Usability
• Situational Crime Prevention
• Incident Detection, Response, Recovery & Preparedness
• Privacy: What it is and Why it is Important
• Privacy and Security
• Cybercrime that Compromises Privacy
• Data Protection Legislation
• Data Breach Notification Laws
• Enforcement of Privacy and Data Protection Laws
• Intellectual Property: What it is
• Types of Intellectual Property
• Causes for Cyber-Enabled Copyright & Trademark Offences
• Protection & Prevention Efforts
• Online Child Sexual Exploitation and Abuse
• Cyberstalking and Cyberharassment
• Cyberbullying
• Gender-Based Interpersonal Cybercrime
• Interpersonal Cybercrime Prevention
• Cyber Organized Crime: What is it?
• Conceptualizing Organized Crime & Defining Actors Involved
• Criminal Groups Engaging in Cyber Organized Crime
• Cyber Organized Crime Activities
• Preventing & Countering Cyber Organized Crime
• Cyberespionage
• Cyberterrorism
• Cyberwarfare
• Information Warfare, Disinformation & Electoral Fraud
• Responses to Cyberinterventions
• Framing the Issue of Firearms
• Direct Impact of Firearms
• Indirect Impacts of Firearms on States or Communities
• International and National Responses
• Typology and Classification of Firearms
• Common Firearms Types
• 'Other' Types of Firearms
• Parts and Components
• History of the Legitimate Arms Market
• Need for a Legitimate Market
• Key Actors in the Legitimate Market
• Authorized & Unauthorized Arms Transfers
• Illegal Firearms in Social, Cultural & Political Context
• Supply, Demand & Criminal Motivations
• Larger Scale Firearms Trafficking Activities
• Smaller Scale Trafficking Activities
• Sources of Illicit Firearms
• Consequences of Illicit Markets
• International Public Law & Transnational Law
• International Instruments with Global Outreach
• Commonalities, Differences & Complementarity between Global Instruments
• Tools to Support Implementation of Global Instruments
• Other United Nations Processes
• The Sustainable Development Goals
• Multilateral & Regional Instruments
• Scope of National Firearms Regulations
• National Firearms Strategies & Action Plans
• Harmonization of National Legislation with International Firearms Instruments
• Assistance for Development of National Firearms Legislation
• Firearms Trafficking as a Cross-Cutting Element
• Organized Crime and Organized Criminal Groups
• Criminal Gangs
• Terrorist Groups
• Interconnections between Organized Criminal Groups & Terrorist Groups
• Gangs - Organized Crime & Terrorism: An Evolving Continuum
• International Response
• International and National Legal Framework
• Firearms Related Offences
• Role of Law Enforcement
• Firearms as Evidence
• Use of Special Investigative Techniques
• International Cooperation and Information Exchange
• Prosecution and Adjudication of Firearms Trafficking
• Teaching Methods & Principles
• Ethical Learning Environments
• Overview of Modules
• Module Adaption & Design Guidelines
• Table of Exercises
• Basic Terms
• Forms of Gender Discrimination
• Ethics of Care
• Case Studies for Professional Ethics
• Case Studies for Role Morality
• Additional Exercises
• Defining Organized Crime
• Definition in Convention
• Similarities & Differences
• Activities, Organization, Composition
• Thinking Critically Through Fiction
• Excerpts of Legislation
• Research & Independent Study Questions
• Legal Definitions of Organized Crimes
• Criminal Association
• Definitions in the Organized Crime Convention
• Criminal Organizations and Enterprise Laws
• Enabling Offence: Obstruction of Justice
• Drug Trafficking
• Wildlife & Forest Crime
• Counterfeit Products Trafficking
• Falsified Medical Products
• Trafficking in Cultural Property
• Trafficking in Persons
• Case Studies & Exercises
• Extortion Racketeering
• Loansharking
• Links to Corruption
• Bribery versus Extortion
• Money-Laundering
• Liability of Legal Persons
• How much Organized Crime is there?
• Alternative Ways for Measuring
• Measuring Product Markets
• Risk Assessment
• Key Concepts of Risk Assessment
• Risk Assessment of Organized Crime Groups
• Risk Assessment of Product Markets
• Risk Assessment in Practice
• Positivism: Environmental Influences
• Classical: Pain-Pleasure Decisions
• Structural Factors
• Ethical Perspective
• Crime Causes & Facilitating Factors
• Models and Structure
• Hierarchical Model
• Local, Cultural Model
• Enterprise or Business Model
• Groups vs Activities
• Networked Structure
• Jurisdiction
• Investigators of Organized Crime
• Controlled Deliveries
• Physical & Electronic Surveillance
• Undercover Operations
• Financial Analysis
• Use of Informants
• Rights of Victims & Witnesses
• Role of Prosecutors
• Adversarial vs Inquisitorial Legal Systems
• Mitigating Punishment
• Granting Immunity from Prosecution
• Witness Protection
• Aggravating & Mitigating Factors
• Sentencing Options
• Alternatives to Imprisonment
• Death Penalty & Organized Crime
• Backgrounds of Convicted Offenders
• Confiscation
• Confiscation in Practice
• Mutual Legal Assistance (MLA)
• Extradition
• Transfer of Criminal Proceedings
• Transfer of Sentenced Persons
• Module 12: Prevention of Organized Crime
• Adoption of Organized Crime Convention
• Historical Context
• Features of the Convention
• Related international instruments
• Conference of the Parties
• Roles of Participants
• Structure and Flow
• Recommended Topics
• Background Materials
• What is Sex / Gender / Intersectionality?
• Knowledge about Gender in Organized Crime
• Gender and Organized Crime
• Gender and Different Types of Organized Crime
• Definitions and Terminology
• Organized crime and Terrorism - International Legal Framework
• International Terrorism-related Conventions
• UNSC Resolutions on Terrorism
• Organized Crime Convention and its Protocols
• Theoretical Frameworks on Linkages between Organized Crime and Terrorism
• Typologies of Criminal Behaviour Associated with Terrorism
• Terrorism and Drug Trafficking
• Terrorism and Trafficking in Weapons
• Terrorism, Crime and Trafficking in Cultural Property
• Trafficking in Persons and Terrorism
• Intellectual Property Crime and Terrorism
• Kidnapping for Ransom and Terrorism
• Exploitation of Natural Resources and Terrorism
• Review and Assessment Questions
• Research and Independent Study Questions
• Criminalization of Smuggling of Migrants
• UNTOC & the Protocol against Smuggling of Migrants
• Offences under the Protocol
• Financial & Other Material Benefits
• Aggravating Circumstances
• Criminal Liability
• Non-Criminalization of Smuggled Migrants
• Scope of the Protocol
• Humanitarian Exemption
• Migrant Smuggling v. Irregular Migration
• Migrant Smuggling vis-a-vis Other Crime Types
• Other Resources
• Assistance and Protection in the Protocol
• International Human Rights and Refugee Law
• Vulnerable groups
• Positive and Negative Obligations of the State
• Identification of Smuggled Migrants
• Participation in Legal Proceedings
• Role of Non-Governmental Organizations
• Smuggled Migrants & Other Categories of Migrants
• Short-, Mid- and Long-Term Measures
• Criminal Justice Reponse: Scope
• Investigative & Prosecutorial Approaches
• Different Relevant Actors & Their Roles
• Testimonial Evidence
• Financial Investigations
• Non-Governmental Organizations
• ‘Outside the Box’ Methodologies
• Intra- and Inter-Agency Coordination
• Admissibility of Evidence
• International Cooperation
• Exchange of Information
• Non-Criminal Law Relevant to Smuggling of Migrants
• Administrative Approach
• Complementary Activities & Role of Non-criminal Justice Actors
• Macro-Perspective in Addressing Smuggling of Migrants
• Human Security
• International Aid and Cooperation
• Migration & Migrant Smuggling
• Mixed Migration Flows
• Social Politics of Migrant Smuggling
• Vulnerability
• Profile of Smugglers
• Role of Organized Criminal Groups
• Humanitarianism, Security and Migrant Smuggling
• Crime of Trafficking in Persons
• The Issue of Consent
• The Purpose of Exploitation
• The abuse of a position of vulnerability
• Indicators of Trafficking in Persons
• Distinction between Trafficking in Persons and Other Crimes
• Misconceptions Regarding Trafficking in Persons
• Root Causes
• Supply Side Prevention Strategies
• Demand Side Prevention Strategies
• Role of the Media
• Safe Migration Channels
• Crime Prevention Strategies
• Monitoring, Evaluating & Reporting on Effectiveness of Prevention
• Trafficked Persons as Victims
• Protection under the Protocol against Trafficking in Persons
• Broader International Framework
• State Responsibility for Trafficking in Persons
• Identification of Victims
• Principle of Non-Criminalization of Victims
• Criminal Justice Duties Imposed on States
• Role of the Criminal Justice System
• Current Low Levels of Prosecutions and Convictions
• Challenges to an Effective Criminal Justice Response
• Rights of Victims to Justice and Protection
• Potential Strategies to “Turn the Tide”
• State Cooperation with Civil Society
• Civil Society Actors
• The Private Sector
• Comparing SOM and TIP
• Differences and Commonalities
• Vulnerability and Continuum between SOM & TIP
• Labour Exploitation
• Forced Marriage
• Other Examples
• Children on the Move
• Protecting Smuggled and Trafficked Children
• Protection in Practice
• Children Alleged as Having Committed Smuggling or Trafficking Offences
• Basic Terms - Gender and Gender Stereotypes
• International Legal Frameworks and Definitions of TIP and SOM
• Global Overview on TIP and SOM
• Gender and Migration
• Key Debates in the Scholarship on TIP and SOM
• Gender and TIP and SOM Offenders
• Responses to TIP and SOM
• Use of Technology to Facilitate TIP and SOM
• Technology Facilitating Trafficking in Persons
• Technology in Smuggling of Migrants
• Using Technology to Prevent and Combat TIP and SOM
• Privacy and Data Concerns
• Emerging Trends
• Demand and Consumption
• Supply and Demand
• Implications of Wildlife Trafficking
• Legal and Illegal Markets
• Perpetrators and their Networks
• Locations and Activities relating to Wildlife Trafficking
• Environmental Protection & Conservation
• CITES & the International Trade in Endangered Species
• Organized Crime & Corruption
• Animal Welfare
• Criminal Justice Actors and Agencies
• Criminalization of Wildlife Trafficking
• Challenges for Law Enforcement
• Investigation Measures and Detection Methods
• Prosecution and Judiciary
• Wild Flora as the Target of Illegal Trafficking
• Purposes for which Wild Flora is Illegally Targeted
• How is it Done and Who is Involved?
• Consequences of Harms to Wild Flora
• Terminology
• Background: Communities and conservation: A history of disenfranchisement
• Incentives for communities to get involved in illegal wildlife trafficking: the cost of conservation
• Incentives to participate in illegal wildlife, logging and fishing economies
• International and regional responses that fight wildlife trafficking while supporting IPLCs
• Mechanisms for incentivizing community conservation and reducing wildlife trafficking
• Critiques of community engagement
• Other challenges posed by wildlife trafficking that affect local populations
• Global Podcast Series
• Apr. 2021: Call for Expressions of Interest: Online training for academics from francophone Africa
• Feb. 2021: Series of Seminars for Universities of Central Asia
• Dec. 2020: UNODC and TISS Conference on Access to Justice to End Violence
• Nov. 2020: Expert Workshop for University Lecturers and Trainers from the Commonwealth of Independent States
• Oct. 2020: E4J Webinar Series: Youth Empowerment through Education for Justice
• Interview: How to use E4J's tool in teaching on TIP and SOM
• E4J-Open University Online Training-of-Trainers Course
• Teaching Integrity and Ethics Modules: Survey Results
• Grants Programmes
• E4J MUN Resource Guide
• Library of Resources

Module 9: Gender in the Criminal Justice System

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E4J University Module Series: Crime Prevention and Criminal Justice

Introduction and learning outcomes.

• Topic 1 - Gender-based discrimination and women in conflict with the law
• Topic 2 - The vulnerabilities of girls in conflict with the law
• Topic 3 - Discrimination and violence against individuals that identify as, or are perceived to be, LGBTI
• Topic 4 - Gender diversity in the criminal justice workforce

Case studies

Possible class structure, core reading, advanced reading, student assessment, additional teaching tools, guidelines to develop a stand-alone course.

• First published in July 2019

  This module is a resource for lecturers  

Topic one - gender-based discrimination and women in conflict with the law.

This topic provides an overview of gender-based discrimination encountered by women at various stages of criminal justice system, with a particular focus on gendered pathways to offending and incarceration; access to justice; and key issues and challenges concerning women's imprisonment. As noted by the CEDAW Committee, gender-based discrimination is based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, all of which adversely impact on the ability of women to gain access to justice on an equal basis with men (CEDAW Committee, General Recommendation 33, para. 8). Frequently, States parties have discriminatory constitutional provisions, laws, regulations, procedures, customs and practices that are based on traditional gender stereotypes (CEDAW Committee, General Recommendation 33, para. 21). The Committee also stressed the importance of addressing stereotyping and gender bias in the justice system and its particularly harmful impact on women (CEDAW Committee, General Recommendation 33, para. 26).

Understanding gendered pathways of offending and incarceration

While women often relate to criminal justice systems as victims of crime, recent trends indicate that a growing number are featuring as suspects, accused and prisoners. The percentage of women in prison is growing globally and at a faster rate than the male prison population. While the global prison population grew by approximately 21 per cent from 2000 to 2016, that of imprisoned women and girls grew by 53 per cent during the same period (Walmsley, 2017). Such a dramatic increase, in less than two decades, in the number of women and girls in prison worldwide, raises questions about criminal codes, the functioning of criminal justice systems, and socio-economic factors affecting crime rates.

Whereas a comprehensive criminological and sociological analysis of the significant increase in the number of women in prisons is beyond the scope of this Module, it is necessary to adopt a gender lens in understanding the rise in women prisoners. There are certain factors that affect women differently, and often disproportionately, to men. It is important that these factors are considered in order to understand the ways in which pathways of offending and incarceration are gendered. The United Nations Special Rapporteur on violence against women, its causes and consequences, notes that these pathways include: a strong correlation with experience of prior violence and abuse; coercion into crime by an abuser or a person of influence; abortion in countries where it is illegal or legal only under limited circumstances; the commission of 'moral' crimes such as adultery; running away, for example, to escape violence; being held in prison for protection purposes (protective custody or detention); long periods of pretrial, immigration and/or refugee detention; and human trafficking (Manjoo, 2013). In general, a large majority of women in conflict with the criminal law do not pose a risk to society and their imprisonment does not help, but hinderstheir social reintegration. Many are in prison as a direct or indirect result of the multiple layers of discrimination and deprivation experienced at the hands of their husbands, family and the community (UNODC, 2014, p. 104).

This section focuses on two of those gender-based issues: discriminatory laws affecting women disproportionately, and violence against women as pathways for offending.

Discriminatory laws affecting women disproportionately

Laws, policies and institutions are articulations of the gendered inequalities, stereotypes, norms and values that are prevalent in cultures and societies. Criminal law and procedure are no exception. The table below highlights examples of gender-discriminatory aspects of substantive and procedural laws (United Nations, 2018). Recognizing the breadth of discrimination based on gender identity and sexual orientation, examples of discriminatory laws also include laws criminalizing homosexuality or other forms of same sex intimacy or laws excluding sexual violence against an individual of the same sex from the definition of rape or other forms of violence (see Topic 3 of this Module).

Examples of discriminatory criminal codes and criminal procedures

Substantive criminal codes

• Criminalizing forms of behaviour that are not criminalized or punished as harshly if they are performed by men, e.g., premarital sex, adultery and prostitution.
• Criminalizing forms of behaviour that can only be performed by women. An example is abortion, even when undertaken on medical grounds.
• Criminalizing behaviours which are not crimes by any international legal standard, e.g., running away from home without permission, failure to respect modesty and dress codes.
• Failing to criminalize or to act with due diligence to prevent and provide redress for crimes that disproportionately or solely affect women (e.g., intimate partner violence and Female Genital Mutilation/Cutting).
• Jailing women for petty offences and/or their inability to pay bail in such cases.

Procedural criminal codes

• Failing to apply the defence of provocation differently to women (as they may react differently from men).
• On this basis, some laws provide for reduced sentences for (predominantly male) perpetrators who kill in response to provocation caused by the behaviour of wives or female relatives, but require aggravated sentences for (predominantly female) perpetrators who kill their abuser with premeditation.
• Preventing self defence claims by women who have been survivors of violence. The psychological impact, including in cases of battered woman syndrome, is not considered in sentencing.

Violence against women as a pathway to offending and imprisonment

As acknowledged by the United Nations Special Rapporteur on violence against women, its causes and consequences, there is a strong link between violence against women and women's imprisonment (Manjoo, 2013, p. 4). Evidence shows that exposure to extreme, traumatic events can cause or contribute to borderline personality disorder, antisocial personality disorder, substance abuse, and symptoms of post-traumatic stress disorder, which are directly relevant to violent behaviour and often lead to imprisonment (Artz et al., 2012, p. 141). A study which interviewed 102 mothers in central California in the United States found that 86 per cent of imprisoned women in the sample had, as children, suffered either sexual or physical violence or witnessed abuse at home (Greene et.al, 2000, p. 9).

In cases of domestic and intimate partner violence, women may use force against their abuser out of fear for their own safety and that of their children. This is often referred to as 'battered woman syndrome', which is suffered by women who, because of repeated violent acts by an intimate partner, may suffer depression and are unable to take any independent action that would allow them to escape the abuse, including pressing charges or to accepting offers of support ( GA Resolution 65/228 , Annex para. 11).

Available evidence indicates that, while few women commit violent crimes, a significant number of those convicted of murder or manslaughter killed a male partner or male family member and have experienced a history of domestic violence. A UNODC Global Study on Homicide found that while only one out of every five homicides (at a global level) is perpetrated by an intimate partner or family member, women and girls comprise the vast majority of those deaths (UNODC, 2018). Victim/perpetrator disaggregations reveal a large disparity in the shares attributable to male and female victims of homicides committed by intimate partners or family members: 36 per cent male versus 64 per cent female victims (UNODC, 2018). Women are significantly overrepresented as victims of homicide perpetrated exclusively by an intimate partner: 82 per cent female victims versus 18 per cent male victims (UNODC, 2018). A 2016 study by Penal Reform International and Linklaters (2016) found that, with few exceptions, criminal justice systems are failing these women by ignoring their trauma and realities/dynamics of domestic violence:

• In almost all jurisdictions covered, there is no separate basis in law for a history of abuse to be considered and, generally, women have to rely on existing legal defences (e.g. self-defence, provocation, or temporary insanity). These typical defences tend to be ill-adapted to women who have experienced prolonged abuse.
• Courts are not equipped with the right guidance, or show a reluctance, to take victimization consistently into account as a factor either in establishing culpability or in sentencing.
• Promising practices have emerged in some jurisdictions, establishing defences or partial defences for abuse cases, or enabling greater weight to the mitigating circumstance of domestic violence to be given when establishing culpability or in sentencing (this is the case in some Australian and US states, for example). The case study titled 'reforming the defence of provocation' (included in the section Case Studies ) illustrates the complex factors that continue to limit promising developments in law and practice. In addition, please refer to Case study 2: The Case of Y - An Account of a Public Defender.

Achieving a gender sensitive perspective requires an understanding of the gendered pathways to offending and imprisonment. Accordingly, it is important to recognize that criminal codes can be inherently discriminatory towards women. Furthermore, being a victim of sexual or gender-based violence (SGBV) can play a role in certain types of crimes committed by women. In addition to these two factors, Penal Reform International (PRI) acknowledges the disproportionate effects of poverty and harsh drug policies as additional factors that should be taken into consideration when analysing offences committed by women, and seeking to understand the increasing rate of women offenders (see Women and Imprisonment - Key Issues and Challenges ). According to PRI:

offences committed by women are often closely linked to poverty, and frequently a means of survival to support their family and children. Harsh drug policies have disproportionately affected women, who often take part in low-level but high-risk activities, frequently as a result of coercion or driven by poverty. The fact that they receive a prison sentence is often also related to poverty and the inability to pay fines for petty offences or to afford bail. (PRI, n.d.)

Access to justice obstacles facing women in conflict with the criminal law

The criminal justice system has historically been designed by men for men, which has often meant that laws and policies fail to consider the pathways to female incarceration and their mitigation (United Nations, 2018; see in particular Module 4 ) as mentioned in the previous section; and that women encounter particular challenges in all stages of criminal justice system, due to the male-dominated and male-oriented design and delivery of criminal justice services. The table below provides an overview of challenges encountered by women in conflict with the law.

There is substantial literature on gender and criminal justice system. Belknap (2015) provides an analysis of the ways in which gender is manifested in the criminal justice system; Renzetti (2013), and Fitz-Gibbon and Walklate (2018), explore feminist perspectives on crime, criminal victimization and criminal justice, and how feminist approaches to criminology challenge traditional, male centric criminal justice systems.

Source: UNODC, UN Women, UNDP and OHCHR. (2018). A Practitioner's Toolkit on Women's Access to Justice Programming . New York, Vienna and Geneva: UNODC, UN Women, UNDP and OHCHR, Module 4.

Perceptions and attitudes of criminal justice practitioners.

The previous section provided an overview of the different ways in which women may be subjected to gender-based discrimination and may be at heightened risk of vulnerability throughout the criminal justice system. Women in conflict with the law not only encounter 'formal' challenges, such as those originating from lack of institutional mechanisms, policies and facilities; but they also experience more subtle forms of discriminatory treatment, often due to the perceptions and attitudes of criminal justice officers. The UNODC information note for criminal justice practitioners on non-custodial measures for women offenders stresses that those whose behaviour does not fit within traditional gender roles frequently face prejudices and biases (UNODC, 2015). In dealing with women and men in the criminal justice system or in making decisions on detention or non-custodial measures, they may apply, enforce and perpetuate gender stereotypes, often unconsciously, or they may fail to challenge stereotyping by other actors in the criminal justice system.

The impact of gender stereotypes on women offenders varies. Women may receive harsher treatment or punishment than men for offences such as child abandonment, prostitution or assault, acts that are seen to violate what is perceived as the 'proper' role of women (UNODC, 2015, p. 7). For example, the differential application of the law is evident with respect to the defence of provocation:

In homicide cases, men who kill in response to 'provocation' may receive more lenient sentences while women who kill in response to abuse and violence may face aggravated penalties. In other cases, paternalistic attitudes, rather than an understanding of the actual situation of women offenders, may influence judges to award lower sentences to women, who are perceived as inherently weaker and more submissive and prone to manipulation than men and thus less responsible for their crimes. While this may be a desirable result and gender stereotypes may not always lead to negative outcomes for women offenders, it is important that judges, prosecutors, lawyers or public defenders are aware of existing stereotypes, perceptions and attitudes that can influence their behaviour. They should be sensitive to gender-specific needs and circumstances and take actions not based on stereotypes but on facts, applicable law and standards of conduct. (UNODC, 2015, p. 7)

Impact of judicial stereotyping

• Distort judges' perceptions of what occurred in a particular situation of violence or the issues to be determined at trial
• Affect judges' vision of who is a victim of gender-based violence
• Influence judges' perceptions of the culpability of persons accused of gender-based violence
• Influence judges' views about the credibility of witnesses
• Lead judges to permit irrelevant or highly prejudicial evidence to be admitted to court and/or affect the weight judges attach to certain evidence
• Influence the directions that judges give to juries
• Cause judges to misinterpret or misapply laws
• Shape the ultimate legal result

Source: Commonwealth Secretariat and UN Women (2018). Judicial Resource Book on Violence against Women for Asia: Combatting Violence against Women and Girls for Cambodia, India, Pakistan and Thailand . Commonwealth Secretariat: London.

The role of the judiciary in challenging harmful gender stereotyping.

• Challenging decisions by lower courts that are affected by wrongful stereotyping
• Challenging laws embodying stereotypes and resulting into breaches of constitutional or human rights guarantees
• Challenging policies embodying stereotypes and resulting into breaches of constitutional or human rights guarantees
• Awarding reparations that challenge stereotypes/stereotyping
• Speaking out on wrongful judicial gender stereotyping

Source: Cusack, Simone (2012). Eliminating Judicial Stereotyping. New York: OHCHR.

Please also refer to Case study 10: Gender stereotypes and victim testimony.

Women and imprisonment - key issues and challenges

The number of women in prisons around the world has been increasing rapidly, at a faster rate than men. While deprivation of liberty poses risks to human rights of all prisoners, women prisoners are at particularly high risk of vulnerability, since prisons - including their architectural design, safety measures, healthcare provision and other services concerning work, education, and contact with the outside world - have been designed for men, a fact which is inherently disadvantageous to women. In addition, throughout various stages of deprivation of liberty, women are at risk of abuse, violence, and SGBV by law enforcement officers, prisons officials and other prisoners (PRI, n.d.). The following sub-sections provide an overview of specific challenges encountered by women prisoners.

The vulnerabilities of women prisoners  

The World Health Organization identifies that prison populations, in general, comprise individuals who have experienced multiple challenges:

Many have lived at the margins of society, are poorly educated and come from socioeconomically disadvantaged groups. They often have unhealthy lifestyles and addictions such as alcoholism, smoking and drug use, which contribute to poor general health and put them at risk of disease. The prevalence of mental health problems is very high: some prisoners are seriously mentally ill and should be in a psychiatric facility, not prison. Moreover, communicable diseases such as HIV, hepatitis and tuberculosis are more prevalent in prisons than in the community (Van den Bergh et al., 2011).

Ensuring the well-being of prisoners, regardless of their sex or gender, presents a range of challenges, and underscores the importance of international standards and norms that establish minimum standards for the treatment of all prisoners through the United Nations Standard Minimum Rules for the Treatment of Prisoners - the Nelson Mandela Rules (United Nations, 2015).

It is important to recognize, however, that women prisoners face a range of additional challenges, many of which stem from discriminatory practices, laws, and structures that operate broadly (within society) and in criminal justice settings more specifically.

Factors common to the situation of women prisoners worldwide

Although the main reasons for the intensity of the vulnerability and corresponding needs of women prisoners may vary between countries, the most common factors include:

• The challenges women face in accessing justice on an equal basis with men. 
• The existence of offences that are applied only or disproportionately to women, including abortion or 'moral crimes' such as adultery, sexual misconduct, or 'running away'.
• Poverty and dependence on male family members for money and support.
• The disproportionate victimization of women from sexual or physical abuse prior to imprisonment.
• A high level of mental health-care needs, often as a result of domestic violence and sexual abuse.
• A high level of drug or alcohol dependency.
• A low level of education and a high rate of illiteracy.
• The extreme distress imprisonment causes to women, which often leads to mental health problems or exacerbates existing mental disabilities.
• Sexual abuse and violence against women in prison.
• The high likelihood of women having caring responsibilities for their children, families and others. 
• Gender-specific hygiene, health, and reproductive health-care needs that are not adequately met.
• Lack of gender appropriate vocational and rehabilitation programmes in prison. Stigmatization, victimization and abandonment by their families.

Source: United Nations Office on Drugs and Crime (UNODC) (2015). Training Curriculum on Women and Imprisonment Version 1.0. Vienna: UNODC, p. 7-8.

The challenges identified above provide a broad framework for understanding the disproportionate impacts that prison terms impose on women offenders. It is important to understand that a woman sentenced to a custodial term is more likely, than women in the general population, to have already endured significant forms of adversity and victimization, which may include sexual assault, domestic violence, drug and alcohol addiction, and poverty. In the context of these pre-existing vulnerabilities, specialists call for trauma informed care to prevent additional harm to vulnerable women prisoners (Meyer, 2016). Historically, prisons have been designed for adult male offenders, and the deprivations and hardships of prison often bear disproportionate impacts on women offenders who are likely to already bear trauma, and significant health and mental health problems:

most female prisoners have experienced abuse before they get to jail. The way the prison system treats these women risks making their trauma worse, which may boost their risk of re-offending (Meyer, 2016).

In recognition of the particular challenges women prisoners face, and acknowledging that international standards do not sufficiently address the needs of women in the criminal justice system, the United Nations General Assembly unanimously voted in 2010 (GA Resolution A/RES/65/229) to adopt the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders, known as the Bangkok Rules. The Rules provide guidance to states on reducing unnecessary imprisonment with an overview of gender sensitive alternatives to imprisonment; and set standards on various aspects of women's imprisonment such as gender-responsive healthcare, measures to be taken during searches, measures to protect prisoners from violence including SGBV, and meeting the needs of children in prison with their mothers.

It should be noted that the Bangkok Rules (2010) build on existing international standards and norms that apply to all prisoners without discrimination, and are designed to complement the Nelson Mandela Rules (2015). Moreover, some of the Bangkok Rules address issues applicable to both men and women prisoners, including those relating to parental responsibilities and some medical services.

The incarceration of women who are mothers

Empirical research documents the high percentages of woman prisoners who are mothers. The proportion of prisoners who are mothers is 78 per cent in South Caucasus, and 75 per cent in Central Asia (PRI, 2015, p. 5) The incarceration of women who are mothers often bears devastating effects on women and their families. Globally, there are fewer prisons for women, because women constitute a small proportion of the overall prison population. This means that women are often imprisoned some distance from their home and family. Incarcerated women report their suffering at not seeing their children and, in cases where a mother's incarceration precipitates the breakdown of the family, children are often taken into state care. Women prisoners often bear disproportionate stigma for their criminal justice involvement and, in some cases, women are abandoned by their family. While most countries allow babies and young children to live with their mothers in prison until a certain age, this varies across jurisdictions. While such policies reduce risks associated with immediate separation; life in prison with babies and young children also bears challenges (such as access to additional medical services, age appropriate and adequate food, and other services for childcare in prison) and in almost all countries, children are separated from their mothers when they reach a certain age, a separation which causes emotional stress and trauma for both the mother and the child (PRI, 2015, p. 14). The trauma that forced separation and family breakdown imposes on women often exacerbates underlying trauma and mental health concerns. The World Health Organization reports that women prisoners experience a higher incidence of mental health problems than either male prisoners, or the general population (Van den Bergh et al., 2011). Furthermore, women are at greater risk of self-harm and attempted suicide than are women in the general population (Van den Bergh et al., 2011).  Please refer to Case Study 3: The Pains of Imprisonment for Incarcerated Mothers.

Women incarcerated for drug-related offences

In some countries, drug-related offences are the number one cause of incarceration among women, whereas men are largely incarcerated for other crimes, including violent offences (UNODC, 2018, p. 6). Imprisonment statistics around the world confirm that women are imprisoned largely for drug-related crimes, with national and international anti-drug laws and policies considered a major cause of the rising rates of incarceration of women. In Latin America, the disproportionate effect of harsh drug laws has led to the female prisoner population almost doubling between 2006 and 2011, with 70 per cent of all women prisoners incarcerated for low-level drug-related offences (PRI, 2015, p. 7). Gender disparity of this kind is evident in Ecuador, for example, where 77 per cent of women in prison were incarcerated for drug offences, compared to 33.5 per cent of the male prisoners (PRI, 2015, p. 7).  

In examining the differential effect that the criminalization of low-level drug offences has on women, the World Drug Report identifies that women's patterns of drug use vary to those of men. Among the differences is that while men are more likely to respond to problems by engaging in externalizing behaviours, women are likely to internalize problems, and may therefore use drugs as a means of self-medication to cope with adversity. "Women with substance use disorders are reported to have high rates of post-traumatic stress disorder and may also have experienced childhood adversity such as physical neglect, abuse or sexual abuse" (UNODC, 2018, p. 6). Underlying vulnerabilities and mental health problems of this kind are often exacerbated when women come into conflict with the law. Incarcerated women are less likely to have access to the health care, and the mental health care needed to assist with their rehabilitation and reintegration into society.

In addition to concerns about the disproportionate number of women criminalized due to the prosecution of low-level drug-related offences, UNODC identifies that there are gender dimensions to the criminalization of women for serious drug offences.

some women involved in trafficking in drugs are victims of trafficking in persons, including trafficking for the purposes of sexual exploitation. Women's participation in the drug supply chain can often be attributed to vulnerability and oppression, where they are forced to act out of fear. Moreover, women may accept lower pay than men: some researchers have noted that women may feel compelled to accept lower rates of payment than men to carry out drug trafficking activities, which means that some drug trafficking organizations may be more likely to use women as 'mules'. (UNODC, 2018, p. 7)

The box below identifies the compounding impacts that discrimination, and SGBV have in contributing to drug-related offences among women, and in increasing the likelihood that women will be arrested, prosecuted, and imprisoned for drug-related offences.

Gender dimensions of women's drug use, and women's criminal justice involvement due to drug-related offences

• Women who use drugs are more likely to have suffered gender-based violence.
• Women tend to progress rapidly from initiation of substance use to the development of substance use disorders.
• Women who have experienced childhood adversity and abuse internalize behaviours and use substances more often to self-medicate.
• Social inequalities and a lack of social and economic resources make women more vulnerable to drug use and drug use disorders.
• Gender stereotyping and stigma can trap women who use drugs in their drug-using networks.
• Women face more barriers to accessing services and a lack of integrated drug treatment and childcare services.
• Studies document situations where women are forced to act as drug 'mules' through coercion, intimidation, deception, or a sense that they are helping loved ones.
• Women may become involved in drug trafficking through their own decision, which may be influenced by limited options for employment and income.
• Where mandatory minimum sentencing and mandatory pretrial detention operate, women who commit low-level drug offences may become enmeshed in the criminal justice system without discretionary scope for proportional sentencing.
• Women are often less likely than men to be able to pay fines or the surety required for bail.

Source: United Nations Office on Drugs and Crime (UNODC) (2018). World Drug Report: Women and Drugs: Drug use, drug supply and their consequences. Vienna: UNODC.

The specific health, hygiene and reproductive needs of women in prison.

In addition to the extensive mental health, and physical health needs of general prison populations, women prisoners are made additionally vulnerable in instances where their specific reproductive, health and hygiene needs are not met.

Women have less access to health-care services in prisons than men. Women have gender-specific health-care needs that go beyond pregnancy, pre-and post-natal care and also include reproductive and sexual health care or preventative screening for breast or cervical cancer. Different physical and mental health-care needs stem from violence experienced, sexually transmitted diseases, unsafe sexual practices or substance use (UNODC, 2015, p. 16).

Ensuring the well-being and dignity of women and girls in custodial settings requires the provision of adequate sanitation facilities, as well as services/facilities relevant to women and girls' physiology. For example, imprisoned women and girls are sometimes denied access to sanitary products and privacy while menstruating (in contravention of Rule 5 of the Bangkok Rules, 2010); women and girls are often denied access to pre- or post-natal care and nutrition; and women and girls may be restrained during childbirth (in contravention of Rule 24 of the Bangkok Rules, 2010), denied access to their child, or prevented from breastfeeding (in contravention of Rules 48, 49 and 50 of the Bangkok Rules, 2010). See "International recognition of the specific needs and vulnerabilities of women and girls in prison" for more information on the Bangkok Rules .

Women's safety in prison

Women are at particular risk of sexual violence in prison (Wolff et al., 2006). Strip searches and intimate body searches are also particularly traumatic for women who have experienced prior abuse, and gender sensitive practices are required to prevent additional trauma. The Bangkok Rules (19 and 20) have specific guidance for human rights compliant body searches in prison, differentiating between situations warranting minimally invasive methods (visual searches) to invasive methods such as strip searches and body cavity searches.

Case study 4: 'Miguel Castro-Castro Prison vs Peru' illustrates extreme forms of gender specific violence and discrimination in custodial settings.

Next: Topic two - The vulnerabilities of girls in conflict with the law

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Seattle Journal for Social Justice

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The Foundations of Modern Criminal Law and Gender Inequality

Catalina P. Correa , Yale Law School

Modern penal theory, like prevalent western theories of law, adopts a determined model of autonomy, one in which people are separable from social and family contexts. Taken to the criminal law context, this model proposes people can be defined without taking into account the social context. The use of prisons thus presupposes that individuals can be removed from their communities and families to be reeducated, readapted, treated or—in the retributive approach—simply punished. This notion of autonomy, however, hides from sight the group of people who not only maintain family ties with the men and women in prison, but who also, in contexts such as the Latin American one, take on the responsibility of supporting the prisoners economically. As this paper shows, this group is not heterogeneous or plural but defined by gender and primarily constituted of the mothers, daughters, wives and sisters of the people who are imprisoned. The data presented in this paper shows that this group of women is marginalized, impoverished and abused by a criminal justice system that not only omits to recognize the serious costs that the system imposes on them, but also omits to acknowledge their existence. This paper argues that this lack of recognition is possible because it is premised on a penal model that assumes a certain idea of autonomy, one which enables societies to erroneously affirm that prison sentences are individual sentences.

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Catalina P. Correa, The Foundations of Modern Criminal Law and Gender Inequality , 16 Seattle J. Soc. Just. (2017). Available at: https://digitalcommons.law.seattleu.edu/sjsj/vol16/iss1/9

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Gender Inequality and the Rule of Law

• Published: 11 July 2022
• Volume 15 , pages 95–107, ( 2023 )

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• Eduardo Barajas-Sandoval   ORCID: orcid.org/0000-0003-0171-1560 1 ,
• Helena Botero-Pinzón 2 ,
• Juan Carlos Botero   ORCID: orcid.org/0000-0001-6253-7610 3 ,
• Angela Maria Pinzón-Rondón   ORCID: orcid.org/0000-0003-0405-4906 4 &
• Angela Maria Ruiz-Sternberg   ORCID: orcid.org/0000-0002-4651-4635 4  

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This study examines the hypothesis that adherence the rule of law is a cross-cutting determinant of gender inequality. We gathered data from previously published sources to calculate the correlation between gender inequality and the rule of law, using a cross-sectional and ecological design. Data was collected between 2017 and 2019 from United Nations (gender inequality, health, and economic data); political freedom from Freedom House; income inequality from the World Bank; and adherence to the rule of law from the World Justice Project. We found an association between gender inequality and adherence to the rule of law, controlling for economic inequality, population, GDP per capita, health expenditure per capita, education, ethnolinguistic fractionalization, and political rights and civil liberties. While the design of the study does not permit causality to be inferred, we propose here three plausible causal mechanisms, borne out in other studies, which suggest it: (1) weak enforcement of rights; (2) legal frameworks that tolerate violence against women; and (3) corruption.

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Barajas-Sandoval, E., Botero-Pinzón, H., Botero, J.C. et al. Gender Inequality and the Rule of Law. Hague J Rule Law 15 , 95–107 (2023). https://doi.org/10.1007/s40803-022-00175-9

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Marriage has changed dramatically throughout history, but gender inequalities remain

Senior Research Fellow in Sociology, The University of Queensland

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Michelle Brady receives funding from the Australian Research Council and has previously received funding from the Australian and New Zealand School of Government.

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One year ago, Australians were asked “Should the law be changed to allow same-sex couples to marry?”. The answer was a resounding “yes” – more than 60% of those who expressed a view backed marriage equality .

The anniversary of this historic moment offers an opportunity to reflect on how marriage as an institution has changed in Australia and other Western democratic countries over the last few hundred years, as well as the ways it remains stubbornly the same.

Many of those who argued for the “no” vote asserted that Australia should retain “the traditional definition of marriage”. But our research on the history of marriage and divorce shows that the tradition of marriage has actually changed a lot since the 18th century.

Although much progress has been made, gender inequality within relationships continues to be a problem, particularly if couples prefer to live together without getting married.

Women have gained more rights

Historically, marriage was the key way families passed on status, wealth and property from generation to generation.

The institution of marriage also came with strongly prescribed gender roles. Women’s sexuality, rights and access to financial resources were strictly controlled in marriages. Regardless of whether a family was poor or wealthy, women’s bodies and labour were regarded as the property of their husbands in the 18th and 19th century . Prior to the 20th century married women lost their identities and many of their individual rights.

Read more: If we're serious about supporting working families, here are three policies we need to enact now

In the mid-20th century, however, many laws that explicitly discriminated against women were reformed in most Western democratic countries. Wives gained their own legal and economic status within marriage. The decline in the influence of religion also played a role in marriage laws becoming more “gender neutral”.

Though Western countries have removed laws that explicitly discriminate against women, gendered consequences remain.

For instance, society continues to promote different roles for men and women within the family following the birth of a child. Women take on much more of the housework and childcare duties. And married women, in particular, do more of the housework on average than women in cohabiting relationships with men.

But cohabiting couples have fewer legal rights

Today, the laws in most Western democratic countries recognise a diversity of family types. At the same time, couples in cohabiting relationships continue to have fewer rights, entitlements and obligations compared with married couples.

Read more: Explainer: what legal benefits do married couples have that de facto couples do not?

As a result, cohabiting women are overall more likely than married women to experience relationship dissolution, single parenthood and poverty.

For example, no country legally obliges cohabiting couples to financially support a partner staying home to look after children. Like married women, cohabiting women are more likely than their partners to take time out of the workforce to care for children. And the lack of legal protection makes women in cohabiting relationships economically vulnerable.

Another example is the difference in laws around financial settlement and the division of wealth after a relationship breaks down. In most countries, women in marriages who take on a home-maker role can seek to claim a share of their spouse’s property if their relationship dissolves. Women in cohabiting relationships, however, often have no similar rights or very limited rights.

Paternity is another issue for cohabiting couples. Many countries do not automatically assign paternity of children – and the assumption of shared custody of children – to cohabiting fathers.

Australia, however, is somewhat of an exception in offering more protections to cohabiting couples.

Here, couples who have cohabited for at least two years or have a child together are protected by the federal family law’s property division regulations . These laws take into account both partners’ non-financial contributions to a relationship (such as caring for children) and their future needs.

The court also has discretionary power after the breakdown of a relationship to give one partner a share of property held solely in their former partner’s name, such as a superannuation fund.

And fathers in de facto relationships do not have to take extra steps to establish paternity and shared custody of children. This makes it easier for fathers to obtain shared custody if a relationship breaks down and for mothers to seek child support.

These laws give Australian women in cohabiting relationships greater financial protections. However, there are limits to these protections. The laws do not apply to cohabiting relationships of less than two years, for example, unless the couple has a child together.

The appeal of marriage to same-sex couples

Research has found that because Australia offers such strong legal and social recognition of de facto relationships, LGBT activists initially focused their efforts on gaining de facto recognition of same-sex relationships, rather than marriage equality.

LGBT activists didn’t really start focusing on marriage until 2004, when the Australian government altered the Australian Marriage Act of 1961. By strictly defining marriage as “ the union of a man and a woman to the exclusion of all others ”, the government offended many in the LGBT community and helped spark the desire for change.

Read more: A year since the marriage equality vote, much has been gained – and there is still much to be done

The symbolic importance of marriage in the LGBT community also gradually increased, resulting in more LGBT attention on gaining marriage equality.

Today, the extent to which marriage appeals more to gay men or lesbians depends on a range of factors.

So far, lesbians have accounted for the majority of same-sex marriages in Australia. This may be because in the context of a limited social safety net compared to other countries , women may value the marginally better financial protections offered by marriage given they are more likely than gay men to have children .

For all the debate about “the traditional definition of marriage”, our research finds that marriage has always been a constantly evolving and changing institution. Same-sex marriage is just the latest change.

But more progress can be made. Even though we have finally addressed inequality for same-sex couples, and laws relating to marriage no longer explicitly discriminate against men or women, gender inequality within the institution of marriage continues to be a problem.

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• Marriage equality
• Same-sex relationships
• Cohabiting relationships

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Inequalities in marriage.

Women and men typically experience different rights and responsibilities in marriage, in spite of widespread beliefs in marital equality. These differences led sociologist Jesse Bernard (1972) to coin the phrase ”his and her marriages.” Gender-based patterns of inequalities in marriage have existed historically in the US and other western nations, though they have declined somewhat in recent decades, and they persist in other parts of the globe, as well. For various reasons, which will be outlined below, there are systematic gender differences in the amount and type of domestic labor and family care per formed by spouses, in power and authority in marital decision making, in access to and control over household resources, and likelihood of experiencing severe injury as a result of spousal violence. Gender based inequalities continue after divorce, characterizing property settlements and custody arrangements as well as the relative economic circumstances of former spouses.

Inequalities in The Division of Household Labor

Studies of the division of household labor con ducted over the past 40 years have shown that women allocate considerably more time each week than men to various household tasks and family care even when they are employed outside their homes. Today, women typically devote about 19 hours, and men about 10 hours, to housework each week (Bianchi et al. 2000). The types of household tasks performed by women and men also differ. Men tend to do those that are more flexibly scheduled and at least somewhat discretionary, whereas women perform routine and repetitive labor that must be per formed on a regular basis (Hochschild 1989).

In terms of childcare, fathers are more likely to spend time with children in recreational activities while mothers allocate considerable time to basic ”maintenance” chores. The gender based pat terns of family care are even more pronounced when it comes to elderly relatives. Nearly all the work that is done for ill or dependent elderly people in private homes is done by women. British researchers estimate that the ratio of time women and men spend in elder care approaches 19 to 1 (Abel 1986). Even in households where time allocated to household tasks and family care by spouses is similar, wives perform an ”executive” function, monitoring family needs and ensuring that they are met in a timely and effective fashion. This may mean hiring and supervising outside help, in which case wives are likely to use their own salaries to pay for the costs of the auxiliary help. As a result, women spend more of their time in various types of labor and have less time for leisure and sleep. Among married couples with infants, women work an extra day, or 24 hours more per week than their husbands (Rexroat & Shehan 1987).

Inequalities in Power and Decision Making

Marital power can be defined as one spouse’s ability to impose his or her will on another, which can mean forcing the other spouse to act in certain ways or accept a specific ”definition of reality” as one’s own (Aulette 2002). Alternative explanations for the balance of marital power emphasize individual traits or abilities such as one partner’s greater size or strength, greater knowledge or expertise, control over socioeconomic resources, or superior communication skills. Thus, the balance of power swings to the stronger spouse or the one who contributes more money and status. When decisions are contested, the partner with the greater interest in or knowledge about the issue may have greater say in the final outcome. Or, in some cases, the more persuasive partner may win out. These bases of marital power often favor husbands insofar as men, on average, are larger and stronger and earn higher wages than their wives. Gender differences in communication styles in which men tend to control the course of conversations by talking more, interrupting more, and vetoing topics, may also swing decision making power to husbands. One of the most important bases of power in marriage is patriarchal authority: legitimate authority bestowed on men to act as the heads of their families and/or households. Patriarchy is institutionalized in religious customs and governmental policies.

In many cultures, women’s secondary status is linked to social systems which connect kinship and patriarchy. In such societies, social relations, including those within families, are influenced by traditional views of women and men. Kin groups are built around male headship. Traditions of patrilinealism and patrilocality have restricted women’s choices inside and outside the home (Lerner 1987). In recent years, however, extended families have become less common around the globe. While this change has been bemoaned by some as a loss of tradition and family ties, it is also linked to greater freedom for women.

Today, in most western societies, patriarchal authority in families and households does not have the same influence it once had, but it still exists and in certain segments of American society it continues to be strongly supported. Evangelical Christians, for instance, often adhere to patriarchal authority, as do other religious subcultures such as the Hasidic Jews, the Old Order Amish, and to a lesser extent, the Mormons. Some ethnic and nationality groups in the US also adhere fairly closely to a patriarchal ideology. These include people who have recently emigrated from the traditionally patriarchal cultures of the Middle East, Africa, Latin America, and Asia. African American and Latino populations have cultural elements that support patriarchy, although other aspects of their lives (such as the need for women to be employed) may counterbalance the traditional view of male dominance.

Patriarchy is also built into civil laws. In a very real sense, American state and federal governments create a hidden marriage contract through laws, administrative rulings, and court decisions. This contract defines the rights, responsibilities, and obligations of married per sons and is based on traditional assumptions about the roles of husbands and wives which grew out of English common law. Any person who marries is agreeing to conform to any and all conditions of the hidden contract (Stetson 1991). Primary among these assumptions are the following: husbands are the heads of their households; husbands are responsible for the economic support of their wives and children; and wives are responsible for domestic services and childcare. Under the common law tradition, husbands had the right to decide where they and their families would live. They were also given control of the family’s economic resources, including the wife’s property and possessions at the time of their marriage. When a wife was employed under these conditions, her husband was entitled to her wages.

Inequalities in The Likelihood of Intimate Partner Violence

While men are more likely than women to be victims of reported violence in our society, they are considerably less likely to be victims of inti mate partner violence. If women are violently assaulted, their assailant is most likely a husband or boyfriend. When women are assaulted, they are more likely to be injured if they have an intimate relationship with the perpetrator. Bureau of Justice statistics reveal the extent of the gender difference: roughly 7.5 women and 1.4 men in every 1,000 are victims of crimes with intimate perpetrators. Feminist scholars argue that gender inequality and the oppression of women are the central features of violence in families. Historically, there have been norms and laws that condone violence against women. In the nineteenth century, for example, many states had laws specifically approving of wife beating. Battering is a reflection of the inequality between women and men and is a conscious strategy used by men to control women and to maintain the system of gender inequality.

In 1993 the United Nations adopted the Declaration on the Elimination of Violence Against Women. UNIFEM, the branch of the United Nations which deals with women’s issues, has focused its attention on the global epidemic of violence against women and girls, especially violence that occurs within families (Sev’er & Yurdakul 2006). Because of the strong preference for sons, girls face a high risk of violence beginning at or before birth. Parents may use practices such as sex selective abortion or infanticide to increase their chances for a son (Ravindran 1986). Worldwide, millions of girls have been victimized by a practice known as female genital mutilation (FGM). This cultural practice involves some combination of procedures ranging from partial to total removal of the clitoris and/or sewing together the external genitalia, often under very harsh and unhygienic conditions. It is used to ensure the virginity of girls, thereby increasing their opportunities for marriage (World Health Organization 1995).

Cross cultural studies indicate that wife beating is the most common form of family violence (World Health Organization 1995). Estimates of the incidence of wife abuse are conservative, due to shame and guilt on the part of victims, lack of legal recourse, and fear of partner retaliation. In recent years, extreme forms of violence against wives have been exposed. In India, for example, wives are expected to express deep gratitude for selection into marriage and to show deference to husbands and other family members. Bride burnings may result from a wife’s alleged infidelity or a family’s inability to pay the dowry in full to the husband.

In recent years, honor killings have been publicized in such nations as Pakistan, Egypt, and Turkey (Sev’er and Yurdakul 2006). Such countries have a strong tradition of family based patriarchy and may customarily mandate complete control over women’s social, reproductive, and economic lives. In Turkey, for example, wives have virtually no rights to property, and their sexual behavior continues to be controlled even after a legal separation has been granted. Wives are not protected against marital rape unless they sustain a serious and obvious physical injury. Furthermore, law enforcement officials continue to hold very traditional ideas about sexual assault, believing that women provoke such crimes in most cases.

Equalitarian Marriages

Despite the prevalence of traditional or patriarchal marriages, it does appear that some couples today are attempting to create and maintain what has been described as egalitarian or ”peer marriages.” Greater awareness of gender inequalities, changing gender roles, as well as the need for two wage earners, has prompted some couples to consider a more equitable type of intimate relating. Clearly, the inequalities associated with marriage have been a major source of marital dissatisfaction in the past. Couples who maintain or who perceive that they maintain equity in their relationships express higher levels of marital satisfaction. Sociologists have coined the term peer marriage to refer to relationships that are built on equity (i.e., each partner gives to the relationship in the same proportion that she or he receives) and equality (i.e., each partner has equal status and is equally responsible for emotional, economic, and house hold duties). Peer marriages are difficult to achieve and maintain, however, due to the over whelming acceptance and established traditions of patriarchal marriage. Couples who strive for egalitarianism are viewed with suspicion, disbelief, or hostility (Blumstein & Schwartz 1983). Not surprisingly, women are often the first to initiate or express a preference for peer marriage (Schwartz 1994), although feminist ideology is not often cited as the reason. More often, wives cite the desire for more shared parenting as their primary motivation. Peer marriages remain quite rare (Risman 1998).

Peer marriages have four important characteristics: a nearly equal division of household labor and childcare; equal influence over important decisions; equal control over the family money; and equal consideration given to both partners’ work in family decision making.

References:

• Abel, E. (1986) Adult Daughters and Care for the Elderly. Feminist Studies 12(3): 479 93.
• Aulette, J. (2002) Changing American Families. Allyn & Bacon, Boston.
• Bernard, J. (1972) The Future of Marriage. Yale Uni¬versity Press, New Haven.
• Bianchi, S., Milkie, M., Sawyer, L., & Robinson, J. (2000) Trends in the Gender Division of Labor. Social Forces 79(1).
• Blood, R. & Wolfe, D. (1960) Husbands and Wives: The Dynamics ofMarried Living. Free Press, New York.
• Blumstein, P. & Schwartz, P. (1983) American Couples: Money, Work, and Sex. William Morris, New York.
• Hochschild, A. (1989) The Second Shift. Viking Press, New York.
• Lerner, G. (1987) The Creation of Patriarchy. Oxford University Press, Oxford.
• Ravindran, S. (1986) Health Implications of Sex Dis crimination in Childhood. World Health Organiza¬tion, UNICEF, Geneva.
• Rexroat, C. & Shehan, C. (1987) The Family Life Cycle and Spouses’ Time in Housework. Journal of Marriage and the Family 49(3): 737 50.
• Risman, B. (1998) Gender Vertigo: American Families in Transition. Yale University Press, New Haven.
• Schwartz, P. (1994) Peer Marriage. Free Press, New York.
• Sev’er, A. & Yurdakul, G. (2006) Culture of Honor, Culture of Change: A Feminist Analysis of Honor Killings in Rural Turkey. In: Rothenberg, P. S. (Ed.), Beyond Borders: Thinking Critically About Global Issues. Worth Publishers, New York.
• Stetson, D. (1991) Women’s Rights in the USA: Policy Debates and Gender Roles. Brooks/Cole, Pacific Grove, CA.
• Straus, M., Gelles, R., & Steinmetz, S. (1980) Behind Closed Doors: Violence in the American Family. Doubleday, Garden City, NY.
• World Health Organization (1995) Female Genital Mutilation: Report of a WHO Technical Working Group. World Health Organization, Geneva.

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• 1 0000000404811396 https://isni.org/isni/0000000404811396 International Monetary Fund

This paper documents the current state of gender inequalities in the WAEMU by focusing on outcomes (health, education, labor market and financial inclusion) and opportunities (economic rights). The findings show that despite significant progress toward gender equality over the last three decades, there are still prevalent gender-based disparities, which prevent women from fulfilling their economic potential. Both empirical and model-based estimates suggest that the WAEMU can reap substantial economic gains by mitigating the existing gender gaps in schooling and labor market outcomes. Hence, achieving gender equality remains a macro-critical goal for the region. Going forward, the need for specific policies supportive of gender equality may vary in each member country, but a multifaceted and holistic approach is needed to unleash the related economic potential in the WAEMU as a whole.

Gender Inequality in the WAEMU: Current Situation and Opportunities 1

This paper documents the current state of gender inequalities in the WAEMU by focusing on outcomes (health, education, labor market and financial inclusion) and opportunities (economic rights). The findings show that despite significant progress toward gender equality over the last three decades, there are still prevalent gender-based disparities, which prevent women from fulfilling their economic potential. Both empirical and model-based estimates suggest that the WAEMU can reap substantial economic gains by mitigating the existing gender gaps in schooling and labor market outcomes. Hence, achieving gender equality remains a macro-critical goal for the region. Going forward, the need for specific policies supportive of gender equality may vary in each member country, but a multifaceted and holistic approach is needed to unleash the related economic potential in the WAEMU as a whole .

• A. Macroeconomic Relevance of Gender Equality

1. Gender equality is not only a goal in the realm of human rights, but also a key element of sustainable and inclusive growth . Ensuring women’s full and effective participation in economic activities is one of the priorities in the development agenda, including the 2030 Agenda of Sustainable Development ( IMF and World Bank 2007 , World Bank 2012 , UN 2015, IMF 2017 ). Moreover, cross-country data shows that greater gender equality is associated with higher economic growth and lower income inequality ( Figure 1 ).

2. Gender equality fosters economic growth and development through several direct and indirect channels . There is extensive evidence in the literature on the positive role of gender equality on economic growth and development (see Bertay et al. 2020 for a review). Gender equality improves economic performance through several direct links, including higher female labor force participation and efficiency of allocation in the workforce, faster productivity growth, and accumulation of human capital. There are also indirect channels through which gender equality contributes to economic performance. For example, women in paid employment invest more in education, food, and health of their children, improving the accumulation of human capital across generations ( Schultz 2002 , World Bank 2012 ). Women’s economic inclusion can also promote economic diversification, enhance competitiveness, and improve financial stability ( WEF 2014 , Kazanjian et al. 2016 , Kochhar et al. 2017 , Sahay and Cihak 2018 ). In addition, steps toward leveling the playing field for women and men through legal reforms can (i) increase women’s participation in the labor force, and (ii) facilitate the economic convergence process through which developing countries can catch up with the living standards in developed countries ( Sever 2022 , 2023 ). Greater gender equality is also associated with lower income inequality and poverty ( Gonzales et al. 2015 ). In sum, gender equality is critical for economic growth and development.

Gender Inequality, Economic Growth and Income Inequality

Citation: Selected Issues Papers 2024, 016; 10.5089/9798400276811.018.A001

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• B. Gender Inequalities in the WAEMU

3. The WAEMU has made progress toward gender equality in outcomes since the 1990s, but at a relatively low pace, leaving the region behind its peers . Gender inequality is a multidimensional concept spanning outcomes and opportunities. In terms of outcomes, gender inequality index (GII) from the UN (accounting for gender-based disparities in labor market, education, and health outcomes) suggests that the WAEMU made significant progress during the last three decades, with some heterogeneity across the member countries ( Figure 2 ). Most notably, Senegal has made significant improvements in recent years, differentiating itself from other WAEMU countries. However, the WAEMU as a region still has greater gender inequality in outcomes relative to the group of lower-middle income countries (LMICs). Moreover, all the WAEMU countries are currently ranked at the bottom 25 th percentile of the global sample regarding gender equality (the ranking of the member states being between 131 st for Senegal and 159 th for Guinea-Bissau – out of 170 countries globally with available data), significantly behind the LMIC sample, on average. In addition, the pace of progress toward closing gender gaps in outcomes was lower in the WAEMU compared to the LMICs. As a result, the gap between the two country groups have widened over time.

Gender Inequality in Outcomes

4. The WAEMU significantly underperforms LMICs in health and reproductive outcomes . Maternal mortality rate stands around 405 (per 100,000 births) in the WAEMU, much higher than LMICs (184), posing a big risk to women’s lives in the region ( Figure 3 ). A gap is also apparent in adolescent fertility rates. In the WAEMU, adolescent fertility rate remains around 119 (births per 1,000 women ages 15–19), as opposed to 40 in LMICs. This suggests that girls are less likely to continue their education and to stay in schools for higher education (as also shown below), forming an impediment to women’s full and effective participation in the workforce, particularly for poorer women and in the absence of wide-spread and accessible childcare facilities (see McQueston et al. 2012 for a review).

Health and Reproductive Outcomes

5. Gender-based gaps in education outcomes remain prevalent in the WAEMU, particularly for higher levels of education . Primary school enrollment rate of girls is lower in the WAEMU (89 percent gross rate) relative to LMICs (105 percent gross rate) ( Figure 4 ). 2 This gap is also visible in the gender parity index —i.e., the ratio of the enrollment rate of girls to boys— which in primary education is about 5 percentage points lower in the WAEMU compared to LMICs. Differences in education outcomes across the WAEMU and LMICs become even more striking in higher levels of education. Looking at secondary education, the enrollment rates of girls are 41 versus 76 percent in the WAEMU and LMICs, respectively ( Figure 5 ). The difference between the gender parity index in secondary education across the WAEMU and LMICs also widens relative to that of primary education (to 13 percentage points). In tertiary education, enrollment rate of females is only around 7 percent in the WAEMU, whereas it is at 31 percent in LMICs ( Figure 6 ). The difference between the gender parity indexes across the WAEMU and LMICs also increases to 49 percentage points in tertiary education. These differences are also reflected in the average years of schooling, in which the WAEMU lags LMICs ( Figure 7 ). These figures suggest that keeping girls in schools longer is particularly a challenge in the WAEMU. This has implication for labor markets, potentially making women more likely to be employed in jobs and positions that typically do not require high skills, pay less, and are less secure, even when women participate in the workforce.

Primary Education

Secondary Education

Tertiary Education

Years of Schooling

6. The WAEMU appears to outperform LMICs regarding female labor force participation, but there is still a large room for improvement . Data on labor force participation of females ages 15 and above (as modeled by the International Labour Organization) show that around 54 percent of females participate the workforce in the WAEMU, as opposed to 34 percent in LMICs ( Figure 8 ). Moreover, the gender gap in the labor force participation (the difference between male and female participation rates) seems to be lower in the WAEMU relative to LMICs (20 versus 39 percentage points). Although the WAEMU seems to perform better in labor force participation relative to its peers, there is still a large room for improvement to bridge the large 20 percentage points gap. It is also important to note that women are more likely to work in informal (and/or part-time) jobs which are typically less secure, less stable and pay less, thereby posing economic vulnerability ( International Labour Organization 2018 , Malta et al. 2019a , OECD and International Labour Organization 2019 ). Moreover, relatively higher participation rates in the WAEMU do not rule out other frictions in the labor market, shaped by gender-based segregation, lack of higher education, limited skills, limited career prospects, and wage gap, which overall leave women economically behind. 3

Labor Force Participation

7. Despite relatively high labor participation rates, female business ownership rates remain low and gender wage gaps are high in the WAEMU . The share of businesses with at least one female owner is around 21 percent in the WAEMU, according to the World Bank’s Enterprise Surveys database ( Figure 9 ). This rate appears to be higher in some selected LMICs. Moreover, the gender wage gap remains high in the WAEMU, with men earning about 43 percent higher than women, based on the data from the International Labour Organization ( Figure 10 ). Lower business ownership rates and higher gender wage gap in the WAEMU point to gender-based disparities regarding entrepreneurship and positions of power, and likely reflect the large gender gap in higher education. Prevailing gaps in these outcomes are closely linked to wider income inequality, poverty rates, and spending on children’s health and education in the region ( World Bank 2023 ).

Businesses with Female Owners

Gender Wage Gap

8. Gender-based disparities in the WAEMU are also pronounced in financial inclusion . Percentage of females who own an account at a financial institution or with a mobile money service provider remains around 34 percent in the WAEMU, whereas it is 60 percent in LMICs ( Figure 11 ). Moreover, the gap between male and female rates in account ownership is high in the WAEMU (15 percentage points), compared to LMICs (6 percentage points). 4 This likely limits the women’s ability to invest in education, cushion negative shocks (such as climate-related shocks), and save for old age.

Financial Inclusion

9. In the WAEMU, women’s economic rights (a key factor in equal opportunities) are at a similar level to LMICs, but there is significant room for legal reforms to level the playing field . The law score from the World Bank (focusing on gender-discriminatory laws in the areas of mobility, pay, workplace, marriage, parenthood, asset ownership, entrepreneurship, and pension benefits) is at 72 in the WAEMU, meaning that women have around 72 percent of the economic rights enjoyed by men ( Figure 12 ). Although this is slightly above LMICs (with a law score of 69), it is still far from providing a level playing field for women (which would be associated with a law score of 100). Moreover, the laws and regulations to ensure equal pay, equal economic rights for spouses, a fair treatment of parents with a child, and equal rights regarding asset ownership are lower than the overall law score, thereby calling for legal reforms. For instance, improvements are needed in some WAEMU countries in the legislation related to ensuring equal pay for equal work, improving women’s autonomy, preventing discrimination in access to credit and hiring, and addressing domestic violence. It is also important to take necessary actions to strengthen the link between the laws de jure and their application in practice to improve gender equality in outcomes.

Gender Equality Under the Law

• C. Economic Gains from Moving Towards Gender Equality in the WAEMU

10. Empirical estimates suggest that moving toward gender equality can significantly boost economic growth and income in the WAEMU . Higher gender inequality is negatively associated with economic growth in both LMICs and the WAEMU ( Table 1 ). 5 As a comparison across country groups, the empirical estimates suggest that if the median WAEMU country in 2021 reaches to the median of LMICs regarding gender equality (meaning a 0.15-point decline in GII), the boost to the per capita growth rate would be about 1.7 percentage points on average. Historically, the decline in the WAEMU GII since 1990 was lower though, i.e., about 0.1 points (as shown by Figure 2 ). Therefore, it may also be sensible to focus on the amount of progress toward gender equality in the past to provide an estimate of potential economic gains for the WEAMU going forward: the same amount of decrease in GII from 1990 to 2021 (i.e., about 0.1 points decline) predicts a 1.2 percentage points higher growth rate in the WAEMU, on average. Instead, focusing on the GDP per capita dynamics using local projections ( Jorda 2005 ), the cumulative boost in real GDP per capita would be around 8 percentage points over a 10-year period, with the same amount of progress in the WAEMU GII during the last three decades ( Figure 13 ).

WAEMU: Correlation between Economic Growth and Gender Inequality

Cumulative Income Gains from Moving Towards Gender Equality in the WAEMU

11. Consistently, several theoretical studies and other empirical frameworks estimate large macroeconomic gains from closing gender-based gaps in the WAEMU . Malta et al. (2019b ) calibrate a micro-founded general equilibrium model to Senegal and estimate that GDP in Senegal can increase up to 10 percent, if gender-based disparities in education and labor market are addressed. Ouedraogo and Gomes (2023) use a similar model for Niger and find that bridging gender-based gaps in education can boost Niger’s GDP by around 11 percent. Cuberes and Teignier (2016) propose a theoretical model to quantify the income loss from the disparities in the workforce across the globe. Their estimates for five WAEMU countries point to large income per capita gains, if the gender-based gaps in the workforce are eliminated (GDP gains in parentheses): Burkina Faso (18 percent), Côte d’Ivoire (11 percent), Mali (11 percent), Niger (31 percent), and Senegal (17 percent). The estimates from Pennings (2022) suggest that closing gender-based gaps in the labor markets of member countries could increase the WAEMU’s per capita GDP by at least about 18 percent in the long-run, with these gains being particularly large in Senegal (26 percent), Mali (20 percent) and Côte d’Ivoire (18 percent). An empirical analysis by the IMF suggests that GDP growth in WAEMU countries can increase by about 0.2–0.5 percentage points if gender-based disparities are brought to the levels observed in several African and Asian benchmark countries ( IMF WAEMU Selected Issues Paper 2019 ).

• D. Conclusion and Policies

12. Despite the significant progress toward gender equality in the WAEMU over the last three decades, gender-based disparities remain significant, thereby holding the region back . The WAEMU lags behind the LMICs group regarding various gender-based outcomes. Gender inequalities keep preventing women in the WAEMU from fulfilling their economic potential and hinder the allocation and utilization of talent and resources, thereby weighing down on economic growth, development and social outcomes. Addressing the existing gender inequalities thus can unlock the region’s economic potential and generate large economic gains in the WAEMU, as suggested by both empirical and model-based estimates.

13. Achieving gender equality is a multifaceted process which typically requires time . A holistic approach to move towards gender equality is needed to enable women to participate in economic activities fully and effectively. Prevalent gender-based disparities in the WAEMU, such as in the areas of healthcare, education, labor market, financial inclusion and legislation can provide some insights for policymakers going forward. However, the selection and extent of specific policies to mitigate gender inequalities in both outcomes and opportunities could vary in each member state. Against this background, undertaking a comprehensive assessment of existing impediments to gender equality at both national and regional levels, initiated and coordinated at the WAEMU level, can be useful to set up a roadmap. Having said this, based on the documented facts which seem to be quite similar across the region, policies should be aimed at (i) improving accessibility of health services for women; (ii) increasing access and quality of education for girls, as well as ensuring their stay in school and entry into the employment after education; (iii) achieving a greater and also more effective participation of women to the workforce; (iv) promoting women’s financial inclusion; and (v) reforming the laws to level the playing field for women and men.

14. Recognizing the criticality of gender equality, the WAEMU authorities have placed strategies and policies to address gender-based disparities . At the regional level:

A 10-year Gender Strategy was adopted in 2018 with the goal of improving women’s role in the economic, social, cultural and political spheres by the WAEMU Commission. The strategy encompasses two pillars: developing frameworks for gender mainstreaming and supporting the initiatives for women’s empowerment. Focusing on the former, the WAEMU Commission aims to provide a roadmap on how to integrate the gender aspect into public policies, e.g., by preparing training to raise awareness and developing guidelines for gender budgeting. Regarding the second pillar, the WAEMU Commission launched a network to support women entrepreneurs, but the operations have remained limited due to constrained resources.

BCEAO also recognizes the importance of gender equality, and has been undertaking various efforts and launched initiatives to tackle gender-based gaps in financial inclusion. The Financial Inclusion Strategy as adopted by the Council of Ministers in 2016 puts an emphasis of women’s access to financial services, and the Regional Financial Education Program aims to improve financial literacy in the region, including that of women and girls both in schools and beyond.

At the national level, some examples of policies aimed at moving toward gender equality are as follows:

The Ivorian authorities recently launched a program and allocated financial support and agricultural equipment and inputs to women involved in food production, took steps to facilitate women’s access to health services, and are currently aiming at implementing policies to improve women’s financial inclusion.

Senegal has been implementing gender budgeting for 7 years now and accounting for the impact on gender equality in the context of public investment strategy; it is also planning to increase social spending targeting women as a part of the country’s new development plan, to address the obstacles hindering girls’ transition from primary to secondary education, and to provide training and credit to female entrepreneurs.

Benin has also been implementing gender budgeting, as well as efforts to mitigate gender-based disparities on various opportunities and outcomes (including several initiatives toward addressing gender gaps in the tax code, strengthening legal protections against gender-based violence, expanding women’s access to health services, improving women’s representation in the political sphere, and keeping girls in schools, e.g., through free secondary education).

The Togolese authorities enacted several legislative reforms to improve women’s rights (e.g., within social protection, inheritance, and criminal law), and have also been implementing a series of gender budgeting reforms with the support of the IMF’s technical assistance.

The Nigerien authorities adopted a new National Gender Policy aimed at eliminating unequal opportunities in education for boys and girls and closing the gender disparities in primary and secondary education enrollment by 2027.

The Malian authorities introduced gender quotas in public agencies and have been working with women’s rights organizations to increase women’s participation in decision-making processes.

Burkina Faso has been engaged in the implementation of gender budgeting since 2014, while gender issues have been mainstreamed since the 2018 budget circular.

15. Efforts in these areas more likely to bear fruit when the complementarities among them are accounted for . For instance, labor market policies to boost the number of females and to improve the role of them in the workforce without closing the existing gaps in tertiary education may have limited effect on outcomes. Likewise, programs aimed at keeping girls longer in schools are not likely to help bridge gender-based gaps in secondary and tertiary education, as long as adolescent fertility rates remain at current levels and teenage mothers do not have access to widespread and affordable childcare. Such complementarities also exist between outcomes and opportunities. For example, initiatives to support women-owned businesses may not yield the desired results in terms of increasing the number of women entrepreneurs, unless women’s autonomy in the marriage is not guaranteed by the law. Moreover, public education programs (with the goal of changing perceptions) can also support this process by enhancing the effectiveness of other policies, since gender inequality is also likely to be driven by social norms and cultural traits in general. When such efforts supportive of gender equality go hand in hand, WAEMU countries likely reap large economic gains both in the shorter and medium term.

16. Finally, the ongoing challenges and recent shocks in the WAEMU, such as the Covid-19 pandemic, climate change and security developments, likely exacerbate gender-based disparities, calling for an acceleration of policies supportive of gender equality . The Covid-19 shock had a disproportionate effect on women’s employment ( Alon et al. 2020, UN 2020 ). In addition, school dropouts among girls rose more than boys following the school closures during the pandemic, particularly in poorer and rural areas, which can worsen gender-based disparities persistently in the absence of counteracting policies ( UN 2020 , Flor et al. 2022 ). Next, WAEMU countries have been hit by climate-related disasters, with those events becoming more frequent and larger in recent years ( Figure 14 , also see the WAEMU Selected Issues Paper on climate change). They likely deepen existing gender inequalities, since women (i) have limited access to resources to safeguard against the effects of disasters, (ii) undertake unpaid care work in the household, and (iii) are less educated which makes them be employed in jobs that pay less and are less secure and more prone to climate shocks, e.g., in agriculture ( UNDP 2014 ). Last but not least, security challenges in the WAEMU endure, especially in Burkina Faso, Mali and Niger, with the total number of internally displaced persons amounting to 2.7 million in these three member states (according to the data from the Internal Displacement Monitoring Centre). Internal conflicts and violence, alongside the associated forced migration, likely widen gender-based disparities in labor market, health and education outcomes, and also increase gender-based violence (see Buvinic et al. 2013 ) 6 . Therefore, in the current juncture, it is even more critical for the WAEMU authorities to act on a timely basis and set out a holistic approach aimed at achieving gender equality.

Climate Disaster and the Security Situation in the WAEMU

Alon , Titan , Matthias Doepke , Jane Olmstead-Rumsey , and Michèle Tertilt . “ The impact of COVID-19 on gender equality .” No. w26947. National Bureau of Economic Research , 2020 .

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Gonzales , Christian , Sonali Jain-Chandra , Kalpana Kochhar , Monique Newiak , and Tlek Zeinullayev . “ Catalyst for change: Empowering women and tackling income inequality .” International Monetary Fund Staff Discussion Note, no. 20 , 2015 .

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Prepared by Can Sever (AFR). I thank Luca Antonio Ricci, Alain Feler and Lawrence Norton for helpful comments. I also thank Deirdre Daly, Faten Saliba, Luc Tucker and my colleagues in the WAEMU country teams for insightful suggestions.

Gross enrollment rates can be over 100 percent, since the definition is regardless of age. In particular, gross enrollment rate for a particular level of education includes students who are older or younger than the official age group for that level of education, encompassing the students who repeat a grade and enroll late (hence, are older than their classmates), or advance quickly (thus, are younger than their classmates). These can make the gross enrolment rate to be above the population which corresponds to that specific level of education. It is also worth noting that enrollment rates do not necessarily reflect actual attendance rates, and are not an indicator of learning outcomes.

In addition, as farmers, women typically produce less relative to men, due to caregiving responsibilities in the household and limited access to agricultural inputs (e.g., fertilizers). For instance, women in Niger are estimated to achieve yields that are 66 percent lower than those of men ( World Bank 2014 ). Women are also less likely than men to process or to sell their agricultural output, as they tend to keep it for the household’s consumption ( World Bank 2014 ). Such disparities in the agricultural outcomes potentially pose another important impediment to gender equality in the WAEMU given that agricultural employment accounts for almost 55 percent of total employment in the region.

Another option to assess financial inclusion could be to focus on access to bank credit specifically, but currently there is no comprehensive data on this.

The results remain similar, if the lagged value of GDP per capita is included in the estimations to account for the different levels of economic development and economic convergence.

It is worth noting that gender-based violence is also associated with lower economic performance as Ouedraogo and Stenzel (2021) show based on the data from Sub-Saharan Africa in the pre-pandemic period.

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• IMF Strategy Toward Mainstreaming Gender—Background Paper
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Understanding the Impact of the Twelve Tables on Ancient Roman Law

This essay about the Twelve Tables discusses their significance in the evolution of ancient Roman law. Created around 450 BCE, these bronze inscriptions marked a pivotal shift towards transparency and legal equality in the Roman Republic. By making laws accessible to all citizens, they democratized justice and provided a comprehensive legal framework. Despite some inherent inequalities, the Twelve Tables profoundly influenced Western legal thought and continue to shape modern justice and governance principles.

How it works

The Twelve Tables, crafted in bronze and inscribed into the chronicles of legal history, serve as a monumental milestone in the development of ancient Roman law. Promulgated around 450 BCE, these inscriptions did more than merely embellish the Forum; they marked a significant shift in the legal terrain of the Roman Republic, ushering in an era of transparency, egalitarianism, and structured jurisprudence.

At their core, the Twelve Tables were a response to the growing complexity of Roman society and the necessity for a more organized legal system.

Prior to their establishment, legal disputes were often resolved through unwritten customs and the unpredictable judgments of patrician magistrates, leading to uncertainty and inequality. The introduction of the Twelve Tables signaled the beginning of a new era characterized by legal clarity and accessibility.

Perhaps the most significant impact of the Twelve Tables was their democratization of justice. By engraving legal principles onto bronze tablets and making them available to all citizens, these laws enabled ordinary Romans to understand their rights and responsibilities. The legal process, once shrouded in secrecy, was now governed by a clear code applicable to everyone.

The scope of the Twelve Tables covered a wide range of legal areas, from property rights to criminal offenses, providing a comprehensive guide for governance and justice. They outlined specific procedures for litigation and clarified the rights and duties of both plaintiffs and defendants. For instance, Table III addressed issues of debt, detailing the consequences of loan defaults and ensuring the enforcement of contracts.

Beyond their practical significance, the Twelve Tables also reflected the values and societal norms of Roman civilization. They regulated marriage and family relations, emphasizing the importance of stability and order within Roman society. However, these laws were not without controversy, as they often reinforced inequalities based on gender and social status.

Despite their flaws, the Twelve Tables had a lasting influence on the development of Western legal thought. Their focus on transparency, legal equality, and procedural fairness resonated through the ages, shaping later legal systems and inspiring thinkers from Cicero to Montesquieu. Concepts like the presumption of innocence and the right to a fair trial can trace their origins to the principles enshrined in the Twelve Tables.

In conclusion, the Twelve Tables had a profound and lasting impact on ancient Roman law. From their crucial role in making justice more accessible to their enduring influence on legal theory, these bronze tablets charted the path of Western legal development and continue to shape modern notions of justice and governance. Although they were created over two millennia ago, the legacy of the Twelve Tables remains a testament to humanity’s enduring quest for justice and the transformative power of written law in shaping societies.

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