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2 results

  • 4 - Transformative Gender Constitutionalism

  • Ruth Rubio-Marin, Universidad de Sevilla
  • Book:
    Global Gender Constitutionalism and Women's Citizenship
    Published online:
    29 September 2022
    Print publication:
    06 October 2022, pp 211-273

  • Summary

    Chapter 4 describes how women, under participatory constitutionalism, are succeeding in broadening the constitutional agenda in the current century in ways that foreground the inequalities rooted in the “private sphere,” thus calling for a new form of gender transformative constitutionalism. In particular, new constitutional agendas are flourishing around the world, covering topics such as intimate partner violence and violence against women; the fuller recognition of women’s sexual and reproductive autonomy; constitutionally grounded assistance to motherhood and reproduction; and the importance of a care-centered understanding of fatherhood challenging hegemonic masculinities, removing the remaining sex-based, care-related differentiations, and challenging of gender-neutral legal norms that shape interpersonal relations and implicit gender role assumptions.

Global Gender Constitutionalism and Women's Citizenship
  • A Struggle for Transformative Inclusion
  • Ruth Rubio-Marin
  • Published online:
    29 September 2022
    Print publication:
    06 October 2022
  • 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-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín 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.