Gender and the Constitution: Equity and Agency in Comparative Constitutional DesignCambridge University Press, 2008 M01 21 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. |
Contents
Section 1 | 38 |
Section 2 | 53 |
Section 3 | 65 |
Section 4 | 76 |
Section 5 | 90 |
Section 6 | 91 |
Section 7 | 97 |
Section 8 | 98 |
Section 10 | 117 |
Section 11 | 134 |
Section 12 | 142 |
Section 13 | 162 |
Section 14 | 191 |
Section 15 | 219 |
Section 16 | 230 |
Section 17 | 233 |
Section 9 | 109 |
Section 18 | 246 |
Other editions - View all
Gender and the Constitution: Equity and Agency in Comparative Constitutional ... Helen Irving No preview available - 2008 |
Gender and the Constitution: Equity and Agency in Comparative Constitutional ... Helen Irving No preview available - 2008 |
Common terms and phrases
abortion Amendment applied appointment Article Australia Australian Constitution Bertha Wilson Bill of Rights Botswana breach Canadian Charter Chapter Charter of Rights child choice citizens citizenship claim common constitutional community Constitutional Court constitutional design Constitutional Jurisprudence constitutional provisions constitutional rights constitutionally countries cultural customary law democratic discrimination domestic effect entrenched equality rights equity and agency example express expressly federal feminist Fourteenth Amendment framing gender equality gender equity Gender of Constitutional gender quotas guarantee historical human rights Ibid impact interest international law judges judicial Justice language legislative legislature limitations marriage masculine mother Noelle Lenoir norms particular person perspective political pornography pregnancy principle prohibition protection recognition recognized regulation relevant reproductive require respect Rights and Freedoms rules Section sexual social South African Constitution standing stitutional supra note Supreme Court Susan Moller Okin tion tional U.S. Constitution United Unity Dow violence women words