Empowering Women : Legal Rights and Economic Opportunities in Africa

The importance of property rights in providing the incentive to invest, work hard, and innovate has been recognized for centuries. Yet, many women in Africa do not have the same property rights or formal legal capacity enjoyed by men. Empowering Women: Legal Rights and Economic Opportunities in Africa documents the extent to which the legal capacity and property rights vary for women and men, and analyzes the impact this has on women’s economic opportunities. The book introduces the “Women’s Legal Economic Empowerment Database †“ Africa (Women LEED Africa).†? This database covers all 47 countries in Sub-Saharan Africa, providing indicators and links to constitutions, ratified international conventions, and domestic statutes where there are gender gaps in legal capacity and property rights. It shows how and where, despite universal constitutional recognition of non-discrimination, many countries have exceptions in areas of marriage, ownership, and control over property and inheritance. With less secure property rights, women in these countries do not have the same ability †“ or incentive †“ to accumulate and control assets and thus to access finance or to grow their businesses. After laying out the various gender gaps in legal capacity and property rights, the book addresses the additional challenges stemming from legal systems with a multiplicity of sources of law. Overlapping legal systems themselves add uncertainty to defining women’s economic rights. The authors use case law to trace out the implications for women’s rights and to provide examples of effective reforms. The book recognizes that beyond de jure differences, women may face greater practical constraints in having their rights protected. This book spells out specific steps that can be taken to address gender gaps both in formal property rights and in practical constraints in accessing justice.

This book looks at the effect of legal and economic rights on women's economic opportunities. It focuses on entrepreneurship because women in Africa are active entrepreneurs, and the links between property rights and the ability to enter contracts in one's own name affect entrepreneurial activities. The laws that are the focus of this book are not business laws and regulations, which are generally gender blind and presuppose that individuals can own property or enter into contracts. Instead, the book examines family, inheritance, and land laws, which oft en restrict these rights in ways that hurt women. This book surveys constitutions and statutes in all 47 countries in Sub-Saharan Africa to document where gender gaps in these laws impinge on women's legal capacity, property rights, or both. The book also looks at some labor law issues, such as restrictions on the types of industries or hours of work in which women may engage and provisions for equal pay for work of equal value. These laws affect women as employees and influence the attractiveness of wage employment versus entrepreneurship. They were also selected because they affect the choice of enterprise women may run. The equal pay for work of equal value provisions are also of interest as an indicator of the recognition of women's broader economic rights. This book provides a series of indicators that show whether a country does or does not provide particular legal provisions. Several points are worth emphasizing in interpreting these indicators. First, the indicators are binary; there is no attempt to differentiate between small and large gender gaps. Second, the indicators are not used to generate an index or otherwise aggregate the indicators; no weights are given to differentiate the relative importance of different sets of laws. Third, the indicators reflect whether certain legal provisions are recognized in a country or not; because the link between the indicator and gender gaps is not always straightforward, care must be taken in making value judgments. Although some indicators reveal that women are treated equally or identify gender differences in treatment, others do not. Although recognition of these sources of law can have implications for women's rights, it does not necessarily imply that women's rights are stronger or weaker. Conversely, the inclusion of some protections for women's rights may reflect not the strong standing of women but rather the fact that gender equality is not seen as axiomatic and needs to be explicitly stated. Second and third chapters focus on formal rights and how they have been upheld in court decisions. Fourth chapter examines the gap between laws on the books and practice on the ground. Fifth chapter looks at how both the substance of law and women's access to justice issues can be improved to expand women's ability to pursue economic opportunities.

Overview -- Law, Gender, And The Business Environment -- Women's Legal Rights Across The Region -- Legal Pluralism : Multiple Systems, Multiple Challenges -- Women's Rights In Practice : Constraints To Accessing Justice -- The Way Forward. Mary Hallward-driemeier And Tazeen Hasan. Includes Bibliographical References And Index.