Charting gender within international law on disasters is a twofold exercise: The first, more limited, inquiry concerns the development of regulations on disasters and disaster risk and the position of gender within these instruments. The second, more foundational, question is that of the position of gender and the space allowed for feminist and queer perspectives within international law itself, which, in turn, relates strongly to the root causes of disasters and the creation of disaster risk.
References to a “gender-based” approach to disaster risk management are abundant in international law and policy instruments and can be seen in, for example, both the United Nations Sendai Framework for Disaster Risk Reduction 2015–2030 (Sendai Framework) and the International Law Commission’s (ILC) 2016 Draft Articles on the Protection of Persons in the Event of Disasters (ILC Draft Articles)—two leading international law and policy instruments on disasters. However, neither of these instruments accounts for a particularly inclusive view of gender, nor do they engage with the underlying reasons for gender inequality. This is illustrative of broader issues concerning gender in international law and policy, and many of the challenges and shortcomings of international law and policy on disasters are inherent and (re)produced in the very fabric of the international legal system. Therefore, in addition to exploring the extent to which gender has been incorporated into the legal frameworks on disasters to date, it is essential to also critically explore core structures and practices of international law.
