Review of gender mainstreaming vis–a-vis the legal rights of women

Abstract

Gender mainstreaming, as a global strategy for promoting gender equality, aims at integrating gender considerations into policy-making, legislation, and societal practices. From a legal perspective, gender mainstreaming is crucial in ensuring the protection and advancement of women’s rights. This paper examines the intersection of gender mainstreaming and women’s rights within the legal framework, emphasizing how laws and policies can be structured to address gender inequalities effectively. The legal perspective of gender mainstreaming involves the adoption of gender-sensitive laws, the elimination of discriminatory legal provisions, and the incorporation of international legal standards such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). National constitutions, legislative acts, and judicial interpretations play vital roles in embedding gender equality within legal systems. However, despite legal advancements, implementation gaps persist due to cultural norms, inadequate policy enforcement, and limited awareness. Legal reforms must be complemented by gender-responsive budgeting, affirmative action policies, and institutional reforms to ensure substantive equality. The judiciary's role in interpreting laws through a gender-sensitive lens also remains critical in bridging policy and practice. The paper adopted doctrinal research approach through the utilization of primary and secondary sources of materials. This paper concludes that while gender mainstreaming has facilitated progress in recognizing women’s rights, legal systems must evolve continuously to address emerging gender-related challenges. A multi-sectorial approach involving legal reforms, policy implementation, and societal change is essential for achieving comprehensive gender equality. Effective legal strategies can transform gender mainstreaming from a policy aspiration into a lived reality for women worldwide.