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Legal Mechanism for Law Reform

In making recommendations, the ALRC relies not only on submissions, but also on face-to-face consultations, academic and industrial research, international research and models, as well as its extensive experience in legal reform. Heads of state have the power to carry out certain legal reforms without going through parliament. For example, the late Tunisian President Caid Essebsi called on the government to repeal a circular and other similar legal texts prohibiting a Tunisian woman from marrying a non-Muslim (Box 4.2). Support to other high-level personalities in implementing legal reforms for women`s economic empowerment has also yielded good results. In Egypt, the statements of Al-Azhar (highest religious authority) and Dar Al-Ifta (Islamic Research Institute) against harassment and female genital mutilation were taken into account by society (case studies 4.4 to 4.7). The creation of legal reform commissions[12] is based on the recognition that it is virtually impossible for a legislature alone to keep the law up to date. In addition, important political issues that are not on the government`s agenda may still require critical analysis and possible reforms. These issues should be taken into account by institutions committed to improving legislation, but relatively independent of government influence[13]. The Saskatchewan Law Reform Commission was established by statute in 1971 [110]. The Statute entered into force in 1973 and the Commission began its work in February 1974. The Commission`s tasks are described in section 6 of the Act. These provisions are almost identical to those of the former British Columbia Law Reform Commission, which in turn was modelled on the requirements of the United Kingdom`s Law Commissions Act 1965 and the Canadian Law Reform Commission Act 1971. The primary mandate of the Saskatchewan Law Reform Commission is to review all laws in the province.

This will be achieved through the systematic development and reform of the law, including codification, the elimination of irregularities, the repeal of obsolete and unnecessary acts and, more generally, the simplification and modernisation of the law[111]. In addition, a broad-based project advisory committee has been established. The Management Board was composed of practising lawyers, academics, representatives of relevant stakeholders and other interested parties who advised the Commission on its plans. Once the draft report is finalized, the Commissioners would review it and the Commission`s legal staff would make the necessary amendments. A final report reflecting the Commission`s views on one issue was submitted to the Attorney General. The final report sometimes contained bills.[72] One could assume that the creation of the Law Reform Commission of Canada at the time was a direct result of an appropriate process in which well-articulated advocacy for a different approach to legislation led smoothly to universal agreement and rapid implementation. But while the demands of a specialized reform body were necessary, gave legitimacy to the idea and showed the way, they were not enough on their own. The reconstruction of events clearly shows that the creation of the Law Reform Commission of Canada owes as much, if not more, to the social and political climate prevailing at the time. The speeches and parliamentary debates of the time leave no doubt that everyone was overwhelmed by the seemingly unstoppable and uncontrollable wave of change affecting society. The late 1960s and early 1970s were traumatic times in many ways. The post-war generation – the baby boomers – reached its peak and defied all institutions.

Conventional views on issues such as recreational use, sexual freedom, technology, prostitution, gambling, abortion and homosexuality have been seriously challenged. Traditional structures have been besieged. The deep concern of the time seems to have more to do with the creation of the Federal Law Reform Commission than with any other factor. Reform seemed to be the only possible course of action[40]. Calls for caution are rare and discreet.[41] The penal code not only has a direct impact on many contentious issues, but now seems to be a symbol of an outdated past. It was therefore quite natural that it was identified as the first area to be reformed[42]. Unlike most other law reform organizations, the Law Reform Commission of Ontario has had much of its research conducted by external teams of academic lawyers.[70] In the 1980s, the commission consisted of a senior legal research officer and four legal research officers. The use of external expertise was possible because there were a large number of academics in the province`s six law schools.[71] Interviews conducted for this publication clearly showed that the dissemination of this evidence base is crucial. At times, false information has been deliberately published in order to negatively influence public opinion on the need for further reforms in the area of gender equality. It was noted that when parliamentary discussions on legal reforms take place, a solid evidence base can help influence discussions to persuade parliamentarians to vote in favour of reform. For example, the Jordanian civil society organization SADAQA has worked to create the evidence base for changes to improve childcare facilities in labour law. These proposals entered into force as part of the 2019 labour law amendments (Case Study 2.4).

The ratification of a convention is an important signal of commitment to the specific theme of the convention. For example, Jordan is the only country covered by the publication to have ratified parts of the main ILO Convention on social security (No. 102). Jordan has developed a coherent national social security policy and is strongly committed to extending social security to all, as evidenced by recent reforms of its social security legislation (case study 2.3). The recommendations of the final report outline the main reforms that the ALRC believes should be implemented either in legislation or in court proceedings. In 1971, legislation was passed to establish a law reform commission in Newfoundland.[115] It was not until a decade later, in 1981, that the first commissioners were appointed and the Newfoundland Law Reform Commission began its work. The commission was established to investigate and examine issues related to law reform in Newfoundland. In addition, the provincial Minister of Justice could refer any matter to the commission. A number of competencies are needed to carry out legislative reform on women`s economic participation and to ensure its implementation.