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Chapter 3 describes a participatory turn, which, since the 1990s, has demanded women’s equal representation, including through access to constitution-making and, facilitated by the adoption of gender quotas, to decision-making positions. Coinciding in time with movements in favor of participatory forms of constitution-making and in favor of the recognition of the pluralistic and multinational composition of most modern states, this chapter examines the ways in which the participatory turn compelled women across the globe to fight in order to have their voices heard in constitution-making processes, to enshrine new understandings of democracy (such as parity democracy), and to be actively involved as members of their distinctive cultural, religious, or ethnic communities. Under the influence of evolving universal and regional human rights standards, a notion of substantive equality, more focused on actual opportunities to participate, rather than the mere holding of rights, is becoming constitutionally prevalent in many systems, which now compel state powers to go beyond formal equality by proactively addressing the persistent forms of gender discrimination and stereotyping still undermining women´s constitutional status.
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.
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