Legal Commentary

This post continues my discussion of social justice issues concerning women and disaster. Again, an adequate legal framework for development and recovery planning must recognize that women are vulnerable to disaster harm, including gender-based violence, and that they should be encouraged to participate fully in disaster recovery efforts.

Although there is relatively little legal scholarship in this vein, I am learning from a wealth of front-line policy work. This literature describes the differential impact of disasters on women and suggests practical approaches for mainstreaming women into the recovery process. Heeding the call, some organizations have already sought to protect and empower women. Take, for example, the Crescent House Healing Center, which provided support for domestic violence victims in the aftermath of Katrina through extensive outreach efforts and by maintaining a constant presence at the local FEMA facility. Or consider the work in earthquake-shattered Latur and Gujarat of Swayam Shikshan Prayog (SSP), an NGO based in Mumbai. SSP aided local women in rebuilding their communities, recognizing the leadership of women as well as providing skills training for sustainable livelihoods.

While private groups and NGOs have successfully integrated women?s voices into disaster planning and recovery, governments have lagged behind. Even worse, the designation of government relief monies for the ?head of household,? coupled with the assumption that the head is male, further disenfranchises women. This gendered notion of family affected resource distribution in post-Katrina New Orleans and after the Berkeley-Oakland wildfires in California and Hurricane Andrew in Miami. Until our policymakers recognize the importance of socially inclusive, participatory disaster management, we risk exposing susceptible groups to additional harms and perpetuate their vulnerability to future events.