• Governance and political participation

Governance and political participation

The legal reality for women in the Arab world is such that legal rights enshrined in international conventions and in national constitutions and laws are often of little relevance to the lives of many women, especially the poor.

The first part of this paper looks at a number of root causes – cultural, economic and social barriers – that make it more difficult for women in their respective environments in the Arab world to gain access to law. Building on this, the second part illustrates barriers and gender-specific forms of discrimination faced by women seeking to claim their rights, as exemplified by matrimonial law.

The authors find that state legal systems, especially in matrimonial disputes, play only a secondary role, and that extra-judicial agencies are preferred. If solutions are not found within the family concerned, traditionally recognised arbitrators are called in to mediate. Only if and when this mediation fails is the legal apparatus of the state brought into play.

A sustainable improvement to the legal status of women in the Arab world therefore needs to be embedded in a more comprehensive strategy. Individual country studies need to be undertaken to identify specific causes of discrimination and survey broader socio-economic factors such as male role models, pressure of social expectation, demographic trends, etc. which impact on women’s education, self-reliance and opportunities to defend their legal rights and participate in political processes. [adapted from the authors]

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