Gender Audit of Laws and Regulations
1.1 Collation of laws, regulations and other relevant documentation
The gender audit commenced with a collation of a number of Codes, laws and subsidiary legislation listed in the Terms of Reference forming part of the Service Contract. The purpose of this exercise was to establish and create a knowledge-base disseminated and used by all Key Experts forming part of the project team.
1.2 Organisation of collated laws, regulations and documentation
Once the knowledge-base was created, the material collated was organised. This was done on the basis of subject-matter by dividing the laws and regulations into subject areas, such as fiscal legislation (incorporating both tax and social security laws), health related legislation, housing related legislation, employment related legislation, education related legislation and legislation relating to commerce and business.
The codified laws did not fall within any of the afore-mentioned subject-areas in view of the fact that their provisions cover an array of areas affecting the public and private life of persons (for example, the Commercial Code not only deals with trade-related issues but with matters affecting private life, such as dispossession of all property belonging to a bankrupt trader). Consequently, the provisions found in the four Codes were organised using a different methodology than that detailed above and each of the respective chapters/parts found in the Codes were analysed separately depending on the scope of the subject-matter which they regulate.
All legislation and related documentation was then divided amongst the Key Experts in accordance with their main areas of expertise.
1.3 Analysis of collated laws, regulations and documentation and identification of relevant provisions
Once the material was collated and organised, the team was engaged in analysing the texts of the documentation collated. Such consisted of a thorough review of the collated laws, regulations and pertinent documentation to identify those provisions which need to be amended.
To aid the team in the analysis of the collated laws, regulations and documentation and identification of relevant provisions, experts held discussions with the NCPE and other organisations and departments to gain a deeper understanding of the local scenario especially in the light of complaints and actions for redress which may have been brought forward on gender discrimination.
This exercise therefore served a dual purpose: identification of those legal provisions in need of amendment and identification of cases where gender equality provisions and gender mainstreaming principles are found to be lacking. In the latter case, lacunae identified shall be highlighted and earmarked for proposals for the introduction of new legal provisions.
1.4 Conclusion
On completion of the above-mentioned analysis, conclusions were drawn up in writing in the form of a report on each area of law analysed providing an overview and review of the provisions requiring amendment or which need to be introduced together with the relative amendments to the legislative provisions analysed.
The recommendations drawn up in the Reports therefore partake of two kinds: (i) proposed amendments to existing legal provisions, and (ii) proposals for the introduction of new legal provisions to address gender issues in the particular subject-area of legislation.
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