Gender, Constitutions, and Equality: A Global Comparison

This book explores whether the gendering of constitutions promotes women's equality by examining how constitutional gender rights affect political processes, legislative and judicial outcomes, and ultimately women's equality. It uses a mixed-methods approach, constructing a unique database of gender provisions in over 100 countries at three points in time, and conducting in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana. The authors argue that egalitarian constitutional provisions can be used as a tool to fight gender discrimination and pursue policy changes that address gender-based power disparities.

Format: Hardback
Length: 154 pages
Publication date: 15 June 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the critical question of whether the gendering of constitutions fosters women's equality. The authors employ a multi-method approach to investigate the profound impact of constitutional gender rights on political processes, strategies, legislative and judicial outcomes, and ultimately, women's equality. Through a cross-national study, they create a unique database encompassing gender provisions in over 100 countries across three distinct time periods: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana meticulously trace the intricate interplay between constitutional law, strategies, and policy change in four key policy areas: family law, gender-based violence, reproductive rights, and employment rights. The authors argue that where egalitarian constitutional provisions exist, women's rights advocates can leverage them as powerful tools to combat gender discrimination and advocate for policy changes that address gender-based power disparities.

In a world where gender equality provisions are becoming increasingly prevalent in constitutional design, this book offers valuable insights into the mechanisms that connect constitutional provisions to changes in processes and outcomes. It systematically describes and analyzes the effects of gender provisions across countries and over time, contributing to theoretical debates on gender and politics, law and social change, feminist institutionalism, and constitutional design. Gender, Constitutions, and Equality will serve as a valuable resource for scholars, policymakers, and activists seeking to promote women's equality and advance a more inclusive and equitable society.

Dimension: 229 x 152 (mm)
ISBN-13: 9781032301648