Legal Pluralism and Women's Rights After Conflict: The Role of CEDAW

35 Pages Posted: 6 Jul 2016 Last revised: 15 Mar 2017

See all articles by Meghan Campbell

Meghan Campbell

University of Oxford - New College

Geoffrey Swenson

City, University of London

Date Written: July 6, 2016

Abstract

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

Suggested Citation

Campbell, Meghan and Swenson, Geoffrey, Legal Pluralism and Women's Rights After Conflict: The Role of CEDAW (July 6, 2016). Columbia Human Rights Law Review, Vol. 48, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2805359 or http://dx.doi.org/10.2139/ssrn.2805359

Meghan Campbell (Contact Author)

University of Oxford - New College ( email )

Holywell Street
Oxford OX1 3BN, Oxfordshire
United Kingdom

Geoffrey Swenson

City, University of London ( email )

Northampton Square
London, EC1V 0HB
United Kingdom

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