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Abstract Recent postwar recovery efforts have paved the way for reforms that advance women's participation in politics, inclusion in the economy, and access to justice. In this article, we show how a singular emphasis on gender reforms after war that are inattentive to other societal cleavages can leave various forms of marginalization in the shadows. Subnational interviews on the reverberations of gender reforms in five postwar countries expose three hierarchies that structure access to rights for war-affected communities. We reveal which violence is privileged, whose violence is privileged, and which responses are privileged from the perspectives of differently situated war-affected women, showing how patterns of access to new rights can reinforce exclusionary dynamics. Importantly, because international and domestic actors tend to privilege top-down, state-based responses to wartime violence (what we term hierarchies of remedy), hierarchies of violence and victimhood frequently also reflect state actors’ priorities. Speaking to debates on legal and policy reform, we acknowledge that attention to women's rights after war offers an urgently needed corrective to earlier gender inequalities. Yet, a singular focus on gender reforms that ignores other conflict-related cleavages, particularly those that are amplified by the distribution of political power within the state apparatus, can risk obstructing access for marginalized women, sometimes reproducing grievances that contributed to violence in the first place. For policymakers, we suggest that striving for more equal access to new rights after war will help foster a more inclusive—and therefore more stable and durable—peace.
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Women's Rights After War: On Gender Interventions and Enduring Hierarchies
Postwar recovery efforts foreground gender equality as a key component of building more liberal democracies. This review explores the burgeoning scholarship on women's rights after war, first grappling with war as a period of possibility for building new gender-inclusive institutions. We review efforts in three arenas: increasing women's political representation in postwar democratic transitions; improving access to justice for women through the extension of property rights and bodily autonomy within systems of carceral justice; and integrating women into labor markets and security sectors through various components of the Women, Peace, and Security agenda. Yet these inclusionary efforts have too often sought to dismantle one form of oppression (gender inequality) without challenging others. We document how projects to center women in liberal democratic reforms following war inadvertently overlook other manifestations of violence at the core of these institutions.
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- Award ID(s):
- 1921305
- PAR ID:
- 10354790
- Date Published:
- Journal Name:
- Annual review of law and social science
- Volume:
- 17
- ISSN:
- 1550-3631
- Page Range / eLocation ID:
- 459-481
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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- Free Publicly Accessible Full Text
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Accepted Manuscript1.0
- Journal Article:
- https://doi.org/10.1146/annurev-lawsocsci-113020-085456
