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.

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.

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.

Advancing Equality

Advancing Equality PDF

Author: Jody Heymann

Publisher: Univ of California Press

Published: 2020-01-14

Total Pages: 416

ISBN-13: 0520973879

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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. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

Gender and the Constitution

Gender and the Constitution PDF

Author: Helen Irving

Publisher: Cambridge University Press

Published: 2008-01-21

Total Pages: 229

ISBN-13: 1139468758

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We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.

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.

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.

Gender Equality

Gender Equality PDF

Author: Linda C. McClain

Publisher: Cambridge University Press

Published: 2009-07-31

Total Pages: 469

ISBN-13: 1139480367

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Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship - in the laws and constitutions of many countries, as well as in international human rights documents - and the reality of women's lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science and women's studies investigate the many dimensions of women's equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship and global citizenship. Gender Equality takes stock of the progress toward - and remaining impediments to - securing equal citizenship for women, develops strategies for pursuing that goal and identifies new questions that will shape further inquiries.

Women Making Constitutions

Women Making Constitutions PDF

Author: A. Dobrowolsky

Publisher: Springer

Published: 2003-11-04

Total Pages: 277

ISBN-13: 1403944083

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This volume provides a timely and revealing account of women's constitutional strategies and struggles. It compares and contrasts the latest constitutional developments within the United Kingdom with women's past and present struggles in countries including Canada, the United States and South Africa. Through theoretical engagement and practical experiences, the contributors develop crucial arguments on the nature and effect of constitutional change, equality, women's rights and representation. This shows how women, through their words and deeds, have challenged and shaped the nature and forms of constitutionalism.