ENVIRONMENTAL LAW: GENDER PROTECTION, ISSUES AND CONTROVERSY

ENVIRONMENTAL LAW: GENDER PROTECTION, ISSUES AND CONTROVERSY

BY ~ METI MONDAY UKPEH, ESQ.

ABSTRACT

It is a truism that legal challenges associated with environmental issues are among the biggest in the world, since it requires a comprehensive understanding of the environment without any political boundaries. Acknowledging new paradigms is only possible by integrating the quality of life for every human being to the law system as a supreme guardianship good. A common factor connecting the concept of environment and sustainable development is the fact that all three converge around the human being, the central protagonist responsible both individually and collectively for his own future and the future of the planet. The gender perspective must be integrated into the sustainable development management process in order to improve quality of life since the concept of equality it covers also implies gender equity. To analyze how gender is incorporated into environmental protection and to make adequate conclusions about its current state, the most relevant juridical instruments have been considered.

INTRODUCTION

The environmental issue intertwines two basic concepts: environment and sustainable development. Its legal approach constitutes one of the greatest challenges that law has faced, since it requires an understanding of the environment as a whole, whose elements interact with each other with such a degree of interdependence that, not recognizing political borders, they reach a broader dimension by projecting at regional and global levels. This understanding can only be achieved by incorporating the quality of life of the human being into the legal system, as the supreme good of protection. The law has been conceptualized, by a traditional thesis, as the fair social order: the set of norms adjusted to human nature that enables the best integral development of the human being, the achievement of intermediate or natural ends in the interrelation of life itself in society.Not because it is classic, the outlined concept has lost validity or relevance, since its fundamental value is based on highlighting as a guiding guideline that the human being must be captured by the law in all its dimensions and that this subject is inserted and develops in an environment that it conditions it, at the same time that it is conditioned and modified by its action. This is its reality, formed by the natural and the socio-cultural in mutual interrelation, constituting an intimate and inseparable environment development equation, which the law must necessarily regulate to achieve its ultimate goal.

In the search for that response to the visualization and recognition of the great environmental problems—constantly evidenced by the daily reality of humanity—legal science has recognized the environment as a legal category.We agree in considering the environment as the systematization of natural, social and cultural phenomena, processes and values that condition the life of man in society and the development of the res of living organisms and the state of inert elements in a given time and space., in an integrating an dialectical synthesis of relations of exchange of man with the various natural resources, exhaustible and non-exhaustible in economic terms which this paper will look at.

An Overview Environmental Law and Gender

Environmental law and gender are interconnected in various ways. Gender plays a crucial role in shaping the impact of environmental laws and policies on individuals and communities. Some of these include the following:

- Gender and access to natural resources: men and women often have limited access to natural resources, such as land, water, and energy, which are essential for their livelihoods.

- Gender and environmental decision-making: underrepresentation in environmental decision-making processes, which can lead to policies that neglect their needs and perspectives.

- International agreements: International agreements like the Rio Declaration and the SDGs recognize the importance of gender equality in environmental decision-making.

- National laws and policies: Many countries have laws and policies that address gender and environmental issues, but implementation and enforcement can be inconsistent

Background of Gender and Environmental Protection

Gender and environmental protection are interconnected issues that have gained recognition in recent decades. thus:

- Environmental movement: The environmental movement of the 1960s and 1970s focused on conservation and protection, but largely neglected gender considerations.

-1992: The UN Conference on Environment and Development recognized the importance of gender equality in environmental decision-making

-1995: The UN Fourth World Conference on Women emphasized gender mainstreaming in environmental policies.

- Sustainable Development Goals (2015): The SDGs adopted by the UN include gender equality (SDG 5) and environmental protection (SDG 13) as interconnected goals.

- Gender and environmental linkages: Research has shown that gender influences environmental experiences, perceptions, and decision-making processes.

Thus, the above highlights the evolution of gender and environmental protection as interconnected issues, recognizing the importance of gender mainstreaming in environmental policies and decision-making processes.

DEFINITION: the Nigerian constitution does not explicitly define gender. However, the National Gender Policy defines gender as:

“the roles, responsibilities, constraints, opportunities, and expectations associated with being male or female in a given society”.

Put simpliciter, gender, refers to: male or female; man or woman.

INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS

Brief overview of some of these includes:

International Legal Frameworks:

The United Nations Framework Convention on Climate Change (UNFCCC), 1992: Article 4(1)(j) requires parties to promote gender balance in climate change decision-making.

The Sustainable Development Goals (SDGs) 2015: Goal 5 (gender equality) and Goal 13 (climate action) recognize the intersection of gender and environmental issues.

Rio Declaration (1992): Principle 20 recognizes the importance of women's participation in environmental decision-making.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979: Article 12 requires states to ensure women's equal access to natural resources and decision-making processes.

Universal Declaration of Human Rights (UDHR) 1948: Article 12 recognizes the right to privacy, family, and home, which are environmental rights.

International Covenant on Civil and Political Rights (ICCPR) 1966: Article 24 recognizes the right to a safe and healthy environment.

Environmental Instruments:

1. Stockholm Declaration 1972: Principle 1 recognizes the right to a healthy environment.

2. Rio Declaration 1992: Principles 1, 10, and 20 recognize the importance of public participation, including women's participation, in environmental decision-making.

3. Agenda 21 1992: Chapter 24 recognizes the importance of gender mainstreaming in environmental decision-making.

Beijing Platform for Action 1995: Strategic objective E.3 recognizes the importance of gender mainstreaming in environmental decision-making.

Nigerian Legal Frameworks:

Environmental Impact Assessment Act 1992: Requires environmental impact assessments for projects, but lacks gender considerations.

National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007: Establishes NESREA, but lacks gender provisions.

Nigerian Climate Change Policy 2012: Recognizes the importance of gender mainstreaming in climate change mitigation and adaptation.

-Gender and Equal Opportunities Bill (2019)---- aims to promote gender equality and empower women, but has yet to be passed into law

GENDER AND ENVIRONMENTAL PROTECTION

Gendered Impact of Environmental Degradation:

It is pertinent to note that, environmental degradation affects men and women differently due to their distinct social, economic, and cultural roles. Men and Women are disproportionately vulnerable to environmental hazards, experiencing unique challenges and consequences. 

Some gendered impacts include:

1. Water scarcity: gender need is responsible for household water collection, making gender more vulnerable to water pollution and scarcity.

2. Food insecurity: this is also both gender sensitive-- often responsible for food production and preparation, making them more susceptible to crop failures and food contamination.

3. Health risks: men and women are both exposed to indoor air pollution due to cooking and heating responsibilities, increasing their risk of respiratory problems.

4. Displacement and migration: man is likely to be displaced due to environmental disasters, facing increased risk of gender-based violence and trauma.

5. Economic burdens: man often bears the burden of environmental degradation through increased household expenses, reduced livelihoods, and loss of natural resources.

6. Unpaid care work: Women's unpaid care work, such as care-giving and household responsibilities, increases due to environmental degradation, limiting their time and opportunities.

7. Limited access to resources: men have limited access to resources, credit, and technology, making it harder for them to adapt to environmental changes.

8. Increased gender-based violence: Environmental stress can exacerbate gender-based violence, as men may become more aggressive due to frustration and stress.

9. Psychological impacts: Women experience higher levels of stress, anxiety, and depression due to environmental degradation and its consequences.

10. Limited participation in decision-making: Women are often excluded from environmental decision-making processes, perpetuating gender inequality and neglecting their needs and perspectives.

Consequently, these gendered impacts highlight the importance of considering gender in environmental policies and decision-making processes to address the unique challenges and consequences faced by women.

Impediments to Gender Equality in Environmental Decision-Making:

Here, gender stereotypes and biases limit gender participation in environmental decision-making. For instance:

Lack of access to education and training: Women may have limited opportunities for environmental education and training, hindering their ability to participate in decision-making.

Economic disparities: men may have less access to financial resources, making it difficult for them to participate in environmental initiatives

Political underrepresentation: Women are underrepresented in political positions, limiting their influence on environmental policy and decision-making.

Limited access to information: both men and women may have restricted access to environmental information, making it difficult for them to participate in decision-making processes.

Gender-based violence: Women may face gender-based violence and harassment, discouraging them from participating in environmental activism and decision-making

Patrilineal inheritance: Women may have limited control over land and resources, restricting their ability to make environmental decisions.

Lack of support from male counterparts: Women may face resistance or lack of support from men, hindering their ability to participate in environmental decision-making.

Institutional barriers: Discriminatory laws, policies, and institutional practices can prevent both men and women from fully participating in environmental decision-making.

It is therefore worthy to submit that, addressing these barriers is crucial for achieving gender equality in environmental decision-making and ensuring both perspectives and experiences are valued and included.

Gender Rights and Environmental Protection:

Undoubtedly, gender rights and environmental protection are deeply interconnected. Some key connections include:

Access to resources: access to natural resources, like land and water, is critical for both gender livelihoods and environmental stewardship.

Decision-making power: participation in environmental decision-making processes is essential for their perspectives and needs to be considered.

Health and well-being: Environmental degradation disproportionately affects gender health and well-being, particularly in reproductive health(women) and mental health(men).

Climate change: both are more vulnerable to climate change impacts, such as displacement and gender-based violence.

Sustainable development: empowerment is crucial for achieving sustainable development goals, including environmental protection.

Human rights: Women's environmental rights are human rights, including the right to a healthy environment, water, and sanitation.

Indigenous rights: Indigenous rights to their lands, territories, and resources are critical for environmental protection and cultural preservation.

Education and awareness: education and awareness about environmental issues are essential for their effective participation in environmental protection

Economic empowerment: economic empowerment is necessary for their ability to invest in environmental conservation and sustainable livelihoods.

Policy and legislation: Gender-sensitive policies and legislation are crucial for protecting environmental rights and promoting sustainable development

GENDER AND SPECIFIC ENVIRONMENTAL ISSUES

Gender and Climate Change:

Climate change affects men and women differently, with women being more vulnerable to its impacts. Gender inequality exacerbates the effects of climate change on women, making them more susceptible to:

Displacement and migration

Water scarcity and pollution

Food insecurity and malnutrition

Health risks and gender-based violence

Economic losses and poverty

Limited access to resources and decision-making

Increased burden of unpaid care work

Mental health impacts and stress

Limited access to climate information and technology

Exclusion from climate policy and decision-making processes

Addressing gender inequality and promoting gender mainstreaming in climate change policies and initiatives can help mitigate these impacts and leverage gender contributions to climate resilience and sustainability.

Some of these key strategies include:

Gender-sensitive climate policies and programs

 Participation in climate decision-making

Access to climate information and education

Support for climate resilience and adaptation efforts

Addressing gender-based violence and insecurity

Promoting gender-equal access to resources and technologies

Encouraging leadership in climate action

Integrating gender into climate finance and budgeting

Supporting climate migration and displacement efforts

Celebrating contributions to climate action and sustainability.

Environmental Interests are not Protected:

Due to the influence of traditional male power, men in our country are still in a strong position in terms of their rights and the possession of social resources: political, economic, cultural, environmental, etc. They can use their position to block or suppress the expression and eventual realization of women’s environmental interests in public participation in environmental protection activities. Gender-neutral environmental and sustainable development policies tend to ignore the differences in the impacts of environmental and natural resource degradation and climate change on women and men. Some modern policies lack gender sensitivity in their formulation, and some evaluation systems lack a gender perspective for evaluating the impact of the environment on people’s survival and development, and thus there are differences in evaluating the different impacts of the environment on men and women. Gender perspectives are also lacking in some evaluation systems when assessing the impact of the environment on people’s survival and development. In addition, factors that affect the validity of gender assessments are the lack of research on women and the environment and the lack of clarity in the collection and analysis of relevant data on gender issues. Therefore, according to the gender comparison, women do not have absolute equality in the expression and realization of their interests in environmental protection, and this situation should be changed by legal means.

Gender and Water Management:

Gender plays a crucial role in water management, as women and men have different needs, responsibilities, and experiences related to water. Some key aspects include:

Access to water: Women often bear the burden of collecting water for households, making them more vulnerable to water scarcity and pollution.

Water management roles: Men typically dominate decision-making positions in water management, while women are often excluded from leadership roles

Water use and conservation: Women are more likely to prioritize water conservation and efficient use, while men tend to focus on water supply and infrastructure development

Sanitation and hygiene: Women are more concerned with sanitation and hygiene due to their roles in household cleaning and childcare

Irrigation and agriculture: Men dominate irrigation management, while women play crucial roles in small-scale farming and irrigation.

Water pollution: Women are more vulnerable to water pollution due to their roles in water collection and household cleaning.

Climate change: Women are more vulnerable to climate-related water scarcity and flooding due to their social and economic roles.

Water policy and planning: Gender mainstreaming in water policy and planning is essential for inclusive and equitable water management.

Community engagement: Women's participation in water management decision-making processes is crucial for effective community engagement.

Capacity building: Training and capacity building programs should address gender-specific needs and empower women to take on leadership roles in water management.

Here thus, addressing gender inequality in water management is essential for equitable access to water, sanitation, and hygiene (WASH) and sustainable water resources management.

Gender and Land Use:

Gender influences land use and management, with women and men having different roles, rights, and interests in land. Key aspects include:

Land ownership: Women often have limited access to land ownership, perpetuating gender inequality.

Land use decisions: Men typically make decisions on land use, while women's perspectives are often overlooked.

Agricultural production: Women play crucial roles in small-scale farming, while men dominate large-scale agriculture.

Land degradation: Women are more vulnerable to land degradation due to their reliance on natural resources.

Forest management: Women's knowledge and practices in forest management are often undervalued.

Urban planning: Gender-sensitive urban planning is essential for inclusive and equitable land use.

Displacement and migration: Women are more vulnerable to displacement and migration due to land grabbing and conflict.

Land rights: Women's land rights are often insecure, making them vulnerable to eviction and displacement.

Climate change: Women's roles in land use and management are critical for climate change mitigation and adaptation.

Policy and legislation: Gender-sensitive policies and laws are necessary to address gender inequality in land use and management.

Addressing gender inequality in land use and management is essential for sustainable development, social justice, and human rights.

Gender Discrimination:

Gender discrimination is the product of gender inequality, and the root cause of gender discrimination is that women are not treated equally. In the context of historical development, the issue of combating gender discrimination has officially opened a new chapter with the adoption of the Universal Declaration of Human Rights, which states for the first time that all human beings are born free and equal in dignity and rights. In response to this principle, the United Nations has adopted many documents to proclaim this declaration, the most important of which is the Convention on the Elimination of All Forms of Discrimination against Women. For the first time in international law, the document defines “discrimination against women” as “any distinction, exclusion or restriction on the basis of sex which has the effect or purpose of preventing or depriving married or unmarried women of the enjoyment or exercise of their civil rights or any other aspect of their human rights and fundamental freedoms on the basis of equality between men and women”. In this definition, the purpose of gender discrimination is to deprive women of their freedom and rights. Therefore, we should safeguard the personality and dignity of women, and vigorously practice the principle of gender equality in environmental protection. The main factor affecting gender discrimination is the ideology of male supremacy and unfair systems in society; therefore, we should fundamentally eliminate gender discrimination, building a harmonious coexistence with equality and freedom of social relations and a reasonable gender distribution of workers. This will ensure that every citizen can independently develop, consciously attach importance to environmental protection, and make their own contribution to the realization of sustainable social development.

CONTROVERSIES IN ENVIRONMENTAL AND GENDER

Gender Roles Assigned to Women by Society:

Women all over the world have always played an important role in environmental protection issues, but mainstream theoretical research has not investigated the reasons for this. One of the reasons that cannot be ignored is that the traditional political theory of, for instance, China has always disparaged the status of women and excluded women from the scope of “science” and “culture”. Since the beginning of feudal society, there has always been a belief that men are superior to women: men can participate in the administration of state affairs, but women can only preside over domestic affairs at home and unconditionally obey men. In traditional society, women are assigned the roles of mother, wife and daughter-in-law. It is because of these roles that women tend to focus on family life. To some extent, some argue that this reduces the motivation of women to participate in environmental protection and hinders their motivation to contact the outside world. The moral norms of Chinese traditional culture are “male owner outsisde, female owner inside”; therefore, women were gradually ignored by people. It was not until the 1911 Revolution that society became more conscious of women’s rights and a large number of newspapers began to promote gender equality.

The Dual Constraints of Politics and Economy:

The main factor that influences women’s participation in environmental protection advocacy is the government agency, which empowers women to participate in environmental protection advocacy. The media are the main source of information dissemination and environmental communication. As part of the media-influenced public, women are an important force in environmental protection. At the same time as the continuous improvement of female environmental awareness and, governments at all levels are also implementing consultative democratic systems and strengthening the supervision of the ecological environment. In particular, new media are also vigorously promoting green concepts, but it is still very difficult for women to participate in environmental protection. On the one hand, the Government has absolute authority to speak on the topic of national political life. In addition, most women arguably, do not consider themselves masters of managing society. On the contrary, they trust the Government in many ways. This leads to a top–down relationship between the Government and women to rule and be ruled. Although this situation is conducive to maintaining social harmony and stability, women’s lack of motivation will likely lead to government restrictions on women’s participation in environmental protection. On the other hand, the media must also to take responsibility for their own profits and losses and consider how to improve their economic profits. In this way, the media come under both political and economic pressure, which is particularly evident in the case of environmental protection.

Gender Bias in Environmental Policy-Making:

Nowadays, in the construction of ecological civilization, the social awareness of gender is still lacking. When formulating relevant policies, it is quite common to formulate policies based on existing resource allocation and gender divisions of labor. Although current policy takes into account the physical differences between men and women and suggests ways to adapt to those differences, it does not aim to change the status quo of gender. In the process of practice, this policy has strengthened the traditional gender inequality model, and the consideration of social gender is conducive to the liberation of women and the construction of ecological civilization in the real sense. In the process of policy implementation, the promotion of gender equality should be combined with the protection of the environment for human development, and the concept of neutrality in policy implementation should be changed.

Summary:

Thus, the following can be deduced from this work:

Gender inequality persists in environmental decision-making, perpetuating gender vulnerability to environmental degradation.

Gender rights to environmental justice, health, and livelihoods are often overlooked in environmental policies and laws.

Gender-sensitive environmental laws and policies are essential for addressing gender-specific environmental needs and concerns.

Controversies surround gender and environmental issues, including gendered impacts of extractive industries, land grabbing, and climate change.

International agreements and national laws often fail to adequately address gender and environmental links.

Capacity building and gender mainstreaming in environmental institutions are critical for gender-responsive environmental governance.

Empowerment and gender equality are essential for achieving environmental sustainability and justice

Conclusion and Recommendations

Conclusion:

Participation, non-discrimination and empowerment are important aspects which link together with environmental peacebuilding. In the progressive development of international law, the principles as they are present a missed opportunity to reinforce the standards and obligations which exist and contribute to a vision of sustainable peace that is gender inclusive. 

Recommendations:

Highlights:

Integrate Gender Perspective: Incorporate gender analysis and perspectives in environmental policymaking and legislation.

Gender-Responsive Laws: Enact and enforce gender-responsive environmental laws and policies that address women's specific needs and concerns.

Ensure participation in environmental decision-making processes and governance structures.

Capacity Building: Provide training and capacity building programs to enhance their skills and knowledge in environmental management.

Gender Mainstreaming: Mainstream gender in environmental institutions and agencies to promote gender equality and responsiveness.

Address Gender-Based Violence: Address gender-based violence and discrimination exacerbated by environmental stressors.

Climate Change: Develop gender-sensitive climate change policies and programs that address vulnerability and promote their resilience

Access to Justice: Ensure access to justice and effective remedies for environmental harm and gender-based violence.

International Cooperation: Encourage international cooperation to share best practices and promote gender-responsive environmental governance.

Monitoring and Evaluation: Establish mechanisms to monitor and evaluate the effectiveness of gender-responsive environmental policies and programs.

WORKS CITED

Christie S., Danielle K. Rights vs. Lived Realities: Women’s Views of Gender Equality in Relationships in Rural South Africa. Soc. Probl. 2022:63–65. doi: 10.1093/socpro/spac015.

Fabiano De Andrade Correa, (2022) “Gender equality: A cornerstone for environmental and climate justice”. Available on www.undp.org last accessed on 16|07|2024.

Kaiser F.G., Henn L., Marschke B. Financial rewards for long-term environmental protection. J. Environ. Psychol. 2020;68:101411. doi: 10.1016/j.jenvp.2020.101411.

Inabo A. O., (2018) “Gender Equality In Environmental Issues For Achieving Sustainable Peace And Security In Nigeria” National Open University Of Nigeria, Jabi , Abuja: RAIS Journal for Social Sciences vol. 2, no.2 available at www.reseachgate.net last accessed on 16|07|2024.

National Library Of Medicine, (2023) “The Coordinationof Environmental Protection And Female Discrimination Based On The Concept Of Affirmative Action” PMC Pubmed Central. Available on www.ncbi.nlm.nih.gov last accessed on 16|07|2024.

Paolo A. Pioneering International Women’s Rights? The US National Woman’s Party and the 1933 Montevideo Equal Rights Treaties. Eur. J. Int. Law. 2019;30:415–437. Also see: Bhalotra S., Brulé R., Roy S. Women’s inheritance rights reform and the preference for sons in India. J. Dev. Econ. 2020;146:102275. doi: 10.1016/j.jdeveco.2018.08.001.