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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-Marin
considers constitutionalism from its inception to the present day
and places current debates in their vital historical context.
Rubio-Marin 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.
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-Marin
considers constitutionalism from its inception to the present day
and places current debates in their vital historical context.
Rubio-Marin 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.
To what extent is the legal subject gendered? Using illustrative
examples from a range of jurisdictions and thematically organised
chapters, this volume offers a comprehensive consideration of this
question. With a systematic, accessible approach, it argues that
law and gender work to co-produce the legal subject. Cumulatively,
the volume's chapters provide a systematic evaluation of the key
facets of the legal subject: the corporeal, the functional and the
communal. Exploring aspects of the legal subject from the ways in
which it is sexed and sexualised to its national and familial
dimensions, this volume develops a complete account of the various
processes through which legal orders produce gendered subjects.
Across its chapters, each theoretically ambitious in its own right,
this volume outlines how the law not only acts on the social world,
but genders it.
To what extent is the legal subject gendered? Using illustrative
examples from a range of jurisdictions and thematically organised
chapters, this volume offers a comprehensive consideration of this
question. With a systematic, accessible approach, it argues that
law and gender work to co-produce the legal subject. Cumulatively,
the volume's chapters provide a systematic evaluation of the key
facets of the legal subject: the corporeal, the functional and the
communal. Exploring aspects of the legal subject from the ways in
which it is sexed and sexualised to its national and familial
dimensions, this volume develops a complete account of the various
processes through which legal orders produce gendered subjects.
Across its chapters, each theoretically ambitious in its own right,
this volume outlines how the law not only acts on the social world,
but genders it.
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.
Gender quotas are a controversial policy measure. However, over the
past twenty years they have been widely adopted around the world
and especially in Europe. They are now used in politics, corporate
boards, state and local public administration and even in civil
society organizations. This book explores this unprecedented
phenomenon, providing a unique comparative perspective on gender
quotas' adoption across thirteen European countries. It also
studies resistance to gender quotas by political parties and
supreme courts. Providing up-to-date comprehensive data on gender
quotas regulations, Transforming Gender Citizenship proposes a
typology of countries, from those which have embraced gender quotas
as a new way to promote gender equality in all spheres of social
life, to those who have consistently refused gender quotas as a
tool for gender equality. Reflecting on divergences and
commonalities across Europe, the authors analyze how gender quotas
may transform dominant conception of citizenship and gender
equality.
Reparations programs seeking to provide for victims of gross and
systematic human rights violations are becoming an increasingly
frequent feature of transitional and post-conflict processes. Given
that women represent a very large proportion of the victims of
these conflicts and authoritarianism, and that women arguably
experience conflicts in a distinct manner, it makes sense to
examine whether reparations programs can be designed to redress
women more fairly and efficiently and seek to subvert gender
hierarchies that often antecede the conflict. Focusing on themes
such as reparations for victims of sexual and reproductive
violence, reparations for children and other family members, as
well as gendered understandings of monetary, symbolic, and
collective reparations, The Gender of Reparations gathers
information about how past or existing reparations projects dealt
with gender issues, identifies best practices to the extent
possible, and articulates innovative approaches and guidelines to
the integration of a gender perspective in the design and
implementation of reparations for victims of human rights
violations.
To explain how constitutions shape and are shaped by women's lives,
the contributors to this volume examine constitutional cases
pertaining to women in twelve countries. Analyzing jurisprudence
about reproductive, sexual, familial, socio-economic, and
democratic rights, they focus constructively on women's claims to
equality, asking who makes these claims, what constitutional rights
inform them, how they have evolved, what arguments work in
defending them, and how they relate to other national issues. Their
findings reveal significant similarities in outcomes and in
reasoning about women's constitutional rights in these twelve
countries, challenging the tradition of distinguishing
constitutional jurisprudence depending on whether the country has a
written or unwritten constitution, subscribes to civil or common
law, is a federal or unitary state, limits constitutional
adjudication to the public rather than also including the private
domain, accords international norms binding or subject to
incorporation force, or relies on a specialized or general court to
adjudicate constitutional matters.
Immigration raises a number of important moral issues regarding access to the rights and privileges of citizenship. At present, immigrants to most Western democracies must satisfy a range of conditions before achieving citizenship. This book argues that this is unjust and undemocratic, and that there should be a time threshold after which immigrants should either be granted full citizenship rights, or should be awarded nationality automatically, without any conditions. The author contrasts her position with the constitutional practice of two countries with rich immigration traditions: Germany and the United States.
Reparation programs seeking to provide for victims of gross and
systematic human rights violations are becoming an increasingly
frequent feature of transitional and post-conflict processes. Given
that women represent a very large proportion of the victims of
these conflicts and authoritarianism, it makes sense to examine
whether reparation programs can be designed to redress women more
fairly and efficiently and seek to subvert gender hierarchies that
often antecede the conflict. Focusing on themes such as reparations
for victims of sexual and reproductive violence, reparations for
children and other family members, as well as gendered
understandings of monetary, symbolic, and collective reparations,
this text gathers information about how past or existing reparation
projects dealt with gender issues, identifies best practices to the
extent possible, and articulates innovative approaches and
guidelines to the integration of a gender perspective in the design
and implementation of reparations for victims of human rights
violations.
To explain how constitutions shape and are shaped by women's lives,
the contributors to this volume examine constitutional cases
pertaining to women in twelve countries. Analyzing jurisprudence
about reproductive, sexual, familial, socio-economic, and
democratic rights, they focus constructively on women's claims to
equality, asking who makes these claims, what constitutional rights
inform them, how they have evolved, what arguments work in
defending them, and how they relate to other national issues. Their
findings reveal significant similarities in outcomes and in
reasoning about women's constitutional rights in these twelve
countries, challenging the tradition of distinguishing
constitutional jurisprudence depending on whether the country has a
written or unwritten constitution, subscribes to civil or common
law, is a federal or unitary state, limits constitutional
adjudication to the public domain, accords international norms
binding or subject to incorporation force, or relies on a
specialized or general court to adjudicate constitutional matters.
Immigration raises a number of important moral issues regarding access to the rights and privileges of citizenship. At present, immigrants to most Western democracies must satisfy a range of conditions before achieving citizenship. This book argues that this is unjust and undemocratic, and that there should be a time threshold after which immigrants should either be granted full citizenship rights, or should be awarded nationality automatically, without any conditions. The author contrasts her position with the constitutional practice of two countries with rich immigration traditions: Germany and the United States.
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