Gender Neutral Legislative Drafting in Sierra Leone

Legislative drafting is increasingly acknowledged as a separate field of law with its own set of regulations and standards, rather than being considered a part of legal drafting and conveyancing. The legislative drafting style has evolved from a formal manner to a more accessible and comprehensible plain English approach. Gender-neutral drafting is a philosophy of legislative drafting that is part of the plain language movement. This strategy encourages the use of gender-neutral terminology.
Traditional gender biases have substantially impacted the substance and method of laws in Sierra Leone.
The absence of transparency can be attributed to long-standing gender biases influencing cultural norms and expectations. Biases often result in the neglect of viewpoints or requirements that have a
disproportionate impact on various genders.
This paper analyses gender-neutral drafting as a tool to enhance clarity and legislative quality in Sierra Leone. It examines Sierra Leone case studies to identify ineffective and effective practices in achieving gender neutrality.
Additionally, it investigates the role of gender-neutral drafting in promoting gender equality in Sierra Leone and discovers strategies for incorporating gender-neutral drafting into the country's legislative framework. It further examines some laws in Sierra Leone to determine how legislative drafters have responded to the principle of gender-neutral drafting. Although applying this principle has limitations and shortcomings, gender neutrality in legislative drafting is an internationally accepted style and should be
adopted by international best practices.
The study used a doctrinal approach to qualitatively examine legal texts, identify policies, rules, and regulations, and analyse their meaning, underlying principles, and potential ambiguities. It substantiates the premise, entailing the scrutiny of relevant primary and secondary sources. Further evaluates feedback loop and academic research conducted by specialists and policymakers, and the applicable legislation in contemporary democracies and globally recognised standards and judicial rulings. The technique employed in this study is distinct and explicit, as it does not seek to analyse every existing legislation in Sierra Leone but instead concentrates on a specific selection of legal texts.
The study established that gender neutral drafting is an essential component of quality legislation.
Moreover, the study's findings validate the hypothesis that the lack of gender-neutral terminology leads to legislation in Sierra Leone that is often unclear, biased, and incorrect. Adopting a gender-neutral approach in designing legal documents enhances comprehension and inclusivity, aligning them more closely with reality.
However, it is widely recognised internationally that gender-neutral language in legislative drafting is preferred and should be used following global best practices.
This study adds to the existing but limited knowledge of the theories underpinning gender-neutral legislative drafting research, aiming to better diagnose its role in enhancing legislative clarity and quality.
It contributes to the legislative and legal reform process, which attempts to help Sierra Leone produce legislation and policies that are not biased towards any gender.