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Gender and the Constitution - Equity and Agency in Comparative Constitutional Design (Paperback)
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Gender and the Constitution - Equity and Agency in Comparative Constitutional Design (Paperback)
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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.
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