Legal Pluralism and Women's Rights After Conflict: The Role of CEDAW
35 Pages Posted: 6 Jul 2016 Last revised: 15 Mar 2017
Date Written: July 6, 2016
Protecting and promoting women’s rights is an immense challenge after conflict, especially when the capacity of the state’s legal system is limited and non-state justice systems handle most disputes. However, legal pluralism’s implications for gender equality remain under-theorized as is CEDAW’s potential to improve women’s rights in these settings. The article offers a theoretical framework to help understand the varying relationships between state and non-state justice. It also proposes strategies for interacting with different types of legal pluralisms that will allow the CEDAW Committee to more effectively promote gender equality in legally pluralistic, post-conflict states as is illuminated in cases studies from Afghanistan and Timor-Leste.
Keywords: Post-Conflict, Gender Equality, CEDAW, Legal Pluralism, Afghanistan, Timor-Leste
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