Gender in Comparative Constitutional Change
Forthcoming in Xenophon Contiades and Alkmene Fotiadou eds., Routledge Handbook on Comparative Constitutional Change (2019)
27 Pages Posted: 20 Mar 2019
Date Written: February 1, 2019
This chapter seeks to bridge the gap between the expanding literatures on comparative constitutional change and gender and constitutionalism. Starting from an inclusive definition of gender, the chapter maps and evaluates areas of recent intense constitutional activity in the field of gender equality and non-discrimination, as well as the formal and informal mechanisms used for bringing about reform. The chapter looks in particular at the continued fight for women’s rights, especially access to abortion and gender quotas, and to gender and sexual minority rights, in particular marriage equality and the recognition of a non-binary conception of gender. The chapter contextualises these issues and concludes that the framing of these debates will be very important, as will be the promotion of a change in societal attitudes alongside any constitutional and legislative change.
Keywords: gender, non-discrimination, women's rights, abortion, gender quotas, gender identity, sexual orientation, marriage equality, same-sex marriage, constitutional change, comparative constitutional law
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