Constitutions and Gender

Constitutions and Gender PDF

Author: Helen Irving

Publisher: Edward Elgar Publishing

Published: 2017-06-30

Total Pages: 560

ISBN-13: 1784716960

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Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

Global Gender Constitutionalism and Women's Citizenship

Global Gender Constitutionalism and Women's Citizenship PDF

Author: Ruth Rubio-Marin

Publisher: Cambridge University Press

Published: 2022-10-06

Total Pages: 405

ISBN-13: 1316827585

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Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.

Women as Constitution-Makers

Women as Constitution-Makers PDF

Author: Ruth Rubio-Marín

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 397

ISBN-13: 1108653367

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That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.

The Gender of Constitutional Jurisprudence

The Gender of Constitutional Jurisprudence PDF

Author: Beverley Baines

Publisher: Cambridge University Press

Published: 2005

Total Pages: 364

ISBN-13: 9780521530279

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To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.

Constituting Equality

Constituting Equality PDF

Author: Susan H. Williams

Publisher: Cambridge University Press

Published: 2009-07-31

Total Pages: 383

ISBN-13: 1139481266

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Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Advancing Equality

Advancing Equality PDF

Author: Jody Heymann

Publisher: University of California Press

Published: 2020-01-14

Total Pages: 416

ISBN-13: 0520309634

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In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

The Public Law of Gender

The Public Law of Gender PDF

Author: Kim Rubenstein

Publisher: Cambridge University Press

Published: 2016-05-26

Total Pages: 629

ISBN-13: 1316546306

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With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

Feminist Constitutionalism

Feminist Constitutionalism PDF

Author: Beverley Baines

Publisher: Cambridge University Press

Published: 2012-04-16

Total Pages: 495

ISBN-13: 0521761573

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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Gender, Constitutions, and Equality

Gender, Constitutions, and Equality PDF

Author: Priscilla A. Lambert

Publisher: Taylor & Francis

Published: 2023-06-15

Total Pages: 165

ISBN-13: 1000867250

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This book addresses whether the "gendering" of constitutions promotes women’s equality. The authors use a mixed-methods approach to explore how constitutional gender rights affect political processes and strategies, legislative and judicial outcomes, and ultimately women’s equality. They employ a cross-national study by constructing a unique database of gender provisions in over 100 countries at three points in time: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana trace the complex relationship between constitutional law, strategies, and policy change in four policy areas: family law, gender-based violence, reproductive rights, and employment rights. They argue that where egalitarian constitutional provisions are present, women’s rights advocates can use them as a tool to fight gender discrimination and pursue policy changes that address gender-based power disparities. At a time when gender equality provisions are increasingly common in constitutional design, this book clarifies the mechanisms that link constitutional provisions to changes in process and outcomes while also systematically describing and analyzing the effect of gender provisions across countries and over time. Gender, Constitutions, and Equality will inform theoretical debates on gender and politics, law and social change, feminist institutionalism, and constitutional design and its effect on legislation and political strategies.

Constituting Equality

Constituting Equality PDF

Author: Susan Hoffman Williams

Publisher: Cambridge University Press

Published: 2009-07-31

Total Pages: 383

ISBN-13: 0521898366

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The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.