Legislative Drafting in Genderless Language: Is Gender-neutral Drafting Relevant?

Ekawestri Prajwalita Widiati, Dwi Rahayu Kristianti

2018

Abstract

The technique of Gender-neutral drafting has been introduced in many jurisdictions that use English language to draft legislation aiming to alter the use of masculine pronouns. As commonly known, some languages are categorized as gendered language namely, French, Deutsche, Arabic and English often encounter challenges in formulating a non-sexist legislative sentences. This is not to say that the use of sexist language always results in discrimination on one gender. Thus, using of gender-neutral language is actually a tool to produce clarity which in turn should contribute to an effectiveness. For an inherently gender-neutral language such as Bahasa Indonesia, gender-neutral drafting is a new concept because technically a genderless language is unlikely to produce a sexist norm. In fact, there are cases where numbers of local legislations has resulted in discrimination against women. This article underline that gender-neutral drafting for a genderless language is relevant as concept that is applied in the research paper accompanying a draft bill to produce a more gender-responsive content and analysis. Gender-neutral drafting is a response to gender equality demands. Therefore, the drafter and policy maker should not entrapped in the use of terminology an-sich but taking into account the higher value to achieve by drafting legislation that is effectiveness. Furthermore, gender-neutral drafting approach is the earliest stage towards the concept of gender aware legislation that looking at equality as results or equality on the facts not merely a technique. In other words, gender equality is expected both formally in the text of legislation and substantially in the society.

Paper Citation

in Harvard Style

Widiati E. and Kristianti D. (2018). Legislative Drafting in Genderless Language: Is Gender-neutral Drafting Relevant?.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 146-150. DOI: 10.5220/0010051501460150

in Bibtex Style

@conference{i-nlac18,
author={Ekawestri Prajwalita Widiati and Dwi Rahayu Kristianti},
title={Legislative Drafting in Genderless Language: Is Gender-neutral Drafting Relevant?},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={146-150},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010051501460150},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Legislative Drafting in Genderless Language: Is Gender-neutral Drafting Relevant?
SN - 978-989-758-482-4
AU - Widiati E.
AU - Kristianti D.
PY - 2018
SP - 146
EP - 150
DO - 10.5220/0010051501460150