Gender neutral drafting: Gender equality or an unnecessary burden?

  • Constanza Toro

Abstract

Gender neutral policies are almost unanimously defended nowadays. However, legal drafting is not always up to date regarding this challenge. This article examines the different type of reasons to defend a gender neutral drafting, highlighting that there are both justice reasons (inclusiveness) and methodological ones (clarity, precision and unambiguity) to embrace such policy. However, the author warns that gender neutral drafting is only a necessary but an insufficient tool to achieve the broader goal of gender equality. The article approaches the different drafting techniques available to achieve gender neutral drafting and, in this context, analyse the recent Chilean instruction on this matter.

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