APHDR Technical Background Paper 2010/14

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APHDR Technical Background Paper 2010/14

June 17, 2015

An orchestration of multiple forces determines the overall status of women within the justice system of the Pacific Island countries and territories. The law, whether formal or customary, is neither neutral nor gender blind: nor is it legislated or interpreted in a vacuum without reference to the political, economic, religious, social and cultural contexts. The law, both de jure and de facto, written and unwritten, by act or omission (failure to act) and by interpretation, significantly affects the capacity of women to harness the full potential of the benefits of development. This paper examines the significant gaps between the law de jure and women’s experiences of the law on the ground, de facto reality. Changing law should not be an end in itself – formal legislative equality by itself is meaningless. Law can enhance human development if it is used positively to expand opportunities for women’s greater participation in economic activities, in the political sphere and to alter the outcome of women’s overall participation in development.

Document Type
Regions and Countries