Gender-sensitive post-legislative scrutiny in theory and practice

Abstract

ABSTRACT Post-legislative scrutiny (PLS) enables an assessment of whether laws have met their intended objectives and outcomes. PLS can reveal achievements and errors in the design of legislation, achievements and gaps in implementation and broader positive and negative impacts that enable or hinder the achievement of regulatory results. Gender-sensitive post-legislative scrutiny (PLS) is PLS with a gender lens. Gender sensitive PLS is a strategic tool that can detect the impact of the law on gender equality. It can reveal the actual impact of legislation on men, women and gender inequalities, make visible biases, stereotypes and assumptions relating to gender and other characteristics, access, participation barriers and data gaps and improve the effectiveness of legislative initiatives. As a process, gender sensitive PLS requires a clear gender focus in the scrutiny, a gender sensitive data collection process and conclusions and recommendations that clearly highlight, among other findings, achievements and failures in relation to gender equality. Gender sensitive PLS is a powerful tool for gender sensitive Parliaments on the road to gender equality. Gender sensitive PLS can trigger legislative and institutional change, encourage advocacy, raise awareness and create ripple effects within Parliaments and other bodies around gender equality issues.