Gender and Law in Francophone Sub-Saharan Africa : The Role of the World Bank - Gender-Responsive Institutional, Policy and Legal/Regulatory Frameworks

Law is society's institution which articulates rules to govern legal and non-legal institutions. Rules of legal institutions aim to protect the citizen against discretionary and arbitrary power, ensure equality with others and guarantee procedural fairness. Impartial administration of the law through independent accessible courts and a democratic process of law-making, defines and enforces the limits and powers of state institutions and sets out the scope of legitimate state intervention in the affairs of its citizens. To the extent that the rule of law accomplishes this, a neutral legal order exists, capable of supporting the competitive market economy in the following ways: a) ensuring predictability and security of property rights and transactions; b) limiting arbitrary and discretional rational power of the state and its agents; c) maintaining the independence of the judiciary and at the same time curtailing judicial activism; and d) limiting the retroactivity of rules of law. Because of the lack of a formalized private sector in Africa, in many countries the State plays a major role in economic activity; it may supercede or qualify the market. This makes it even more important that the law should emphasize fair and efficient administration.

Bibliographic Details

Main Author:	World Bank
Language:	English
Published:	Washington, DC 2000-03
Subjects:	ADVANCEMENT OF WOMEN, BANK LENDING, BANK POLICIES, BEST PRACTICE, CHOICE OF LAW, CIVIL LAW, CIVIL SOCIETY, COLLATERAL, COMPETITIVE MARKET, CONSTITUTIONAL LAW, COURTS, CUSTOMARY LAW, CUSTOMARY LAWS, ECONOMIC DEVELOPMENT, ECONOMIC EMPOWERMENT, ECONOMIC EMPOWERMENT OF WOMEN, EMPOWERMENT, ENFORCEMENT PROCEDURES, EQUALITY, FAMILY RELATIONS, GENDER, GENDER AND LAW, GENDER CONCERNS, GENDER DIMENSION, GENDER IMPLICATIONS, GENDER POLICY, GENDER-RESPONSIVE LAWS, GOVERNMENT BUDGET, GOVERNMENT POLICY, INHERITANCE, INHERITANCE RIGHTS, INSTITUTIONAL BARRIER, INSTITUTIONAL DEVELOPMENT, INSTITUTIONAL FRAMEWORK, INSTRUMENT, JUDICIAL FRAMEWORKS, JUDICIAL REFORM, JUDICIAL REFORMS, JUDICIAL SERVICES, JUDICIARY, LAWS, LEADERSHIP, LEGAL ISSUES, LEGAL REFORMS, LEGAL STATUS, LEGAL STATUS OF WOMEN, LEGAL TRADITIONS, LEGISLATION, LENDING INSTRUMENTS, LINKAGE BETWEEN GENDER, LOAN, MARKET ECONOMY, OWNERSHIP OF LAND, POLICY FOR WOMEN, PROPERTY RIGHTS, REGULATORY CONSTRAINTS, REGULATORY FRAMEWORKS, RULE OF LAW, STATUTORY LAW, WOMEN IN DEVELOPMENT,
Online Access:	http://documents.worldbank.org/curated/en/2000/03/12384161/gender-law-francophone-sub-saharan-africa-role-world-bank-gender-responsive-institutional-policy-legalregulatory-frameworks https://hdl.handle.net/10986/9846
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