171. Women and the Law
- Author:
- Council on Foreign Relations
- Publication Date:
- 10-2018
- Content Type:
- Working Paper
- Institution:
- Council on Foreign Relations
- Abstract:
- The connection between women’s economic participation and global prosperity is undeniable. Over the past two decades, international organizations and world leaders have increasingly recognized how critical women’s economic empowerment and financial inclusion are to economic prosperity and growth. Analyses from the International Monetary Fund (IMF), Organization for Economic Cooperation and Development, the World Bank, and other leading institutions demon- strate the growth potential of women’s increased economic partici- pation. UN frameworks such as the Sustainable Development Goals recognize the relationship between economic opportunity for women and development, and include time-bound targets—such as equal access to financial services, natural resources, and technology, and equality in property ownership and inheritance—to advance women’s economic participation. However, despite growing awareness that women’s economic empowerment is critical to women, their families, and broader eco- nomic prosperity, many countries still legally undermine women’s economic participation and undervalue women’s work. Of the 189 economies surveyed in the World Bank’s Women, Business and the Law 2018 report, 90 percent have at least one regulation that impedes wom- en’s economic opportunities. More than one hundred economies still prevent women from working in certain jobs; fifty-nine economies provide no legal recourse to women who experience sexual harassment in the workplace; and in eighteen countries, men can legally prevent their wives from working outside the home. An array of other legal barriers—from limitations on access to finance to laws restricting women’s agency and mobility—prevent women from fully participat- ing in the economy. Even in 2018, the legal landscape for women in the economy fails to reflect the value women’s participation adds to eco- nomic growth. But change is on the horizon. Over the last decade, several countries have enacted legal reforms that significantly advance women’s rights. Today, all but thirty-two countries legally guarantee gender equality in their constitutions, and a record number of countries now have laws prohibiting discrimina- tion or violence against women. While these gains—rightfully cel- ebrated—show that progress is possible, proposals to eliminate the critical barriers that limit women’s economic potential remain absent from mainstream discussions on international and national economic policy, and barriers to female economic enfranchisement persist in every region of the world. In order to realize the economic potential of 50 percent of the world’s population, nations need to do more to level the legal playing field for women. This volume collects in-depth analysis and commen- tary on legal barriers to women’s economic participation, with a focus on five areas in which the greatest obstacles to women’s economic par- ticipation endure: financial inclusion, identification laws, land rights, workplace discrimination, and family law. In the opening essay, I make the economic case for eliminating legal barriers that inhibit women’s economic participation. Closing gender gaps in the workplace could add an estimated $12 trillion to the global economy. Countries simply cannot afford to waste this economic poten- tial—and governments from Saudi Arabia to Japan are taking notice and enacting policies to promote women’s workforce participation. A web of discriminatory laws impedes women’s access to financial services and undermines their capacity to borrow, save, or obtain insur- ance. In an essay on financial inclusion, Council on Foreign Relations (CFR) Senior Fellow Jamille Bigio highlights how banks stand to ben- efit economically by ensuring women’s access to and use of financial services, by sharing the experience of a Nigerian woman who employed digital tools to save for her daughter’s school fees. CFR Senior Fellow Gayle Tzemach Lemmon, reporting on a successful financial inclusion program in Tanzania, explores how education can help women over- come legal and social barriers to opening bank accounts. The economic case for legal reform to promote women’s financial inclusion is strong: when women can use financial services without spousal consent and have control over where they live, and when unpaid work is recognized in marital property regimes, gender gaps in financial inclusion are nar- rowed. Legal reform needs to be a central component of any strategy to advance women’s access to and use of savings, credit, and insurance.
- Topic:
- Gender Issues, Women, Feminism, and Participation
- Political Geography:
- Global Focus