The Gender of Constitutional Jurisprudence

ISBN-13: 9780521823364 / Angielski / Twarda / 2004 / 360 str.

Beverley Baines; Ruth Rubio-Marin

Opis

Describing the constitutional rights of women in twelve countries, the contributors to this collection draw on a wide range of legal cases covering issues such as abortion, sexual harassment, employment discrimination, sexual abuse, pornography, family relationships, access to health and social assistance benefits, and electoral rights, among others. Their analysis reveals how essentially male judges decide cases that are mainly about women's equality claims. The volume's comparative perspective provides readers with the basis for independent pursuits of constitutional equality for women.

Recenzje

"a must-have addition to libraries in comparative policy and especially feminist policy." - Dorothy E. McBride, Florida Atlantic University

Spis treści

1. Introduction: toward a feminist constitutional agenda Beverly Baines and Ruth Rubio-Marin; 2. Speaking into a silence: embedded constitutionalism, the Australian Constitution and the rights of women Isabel Karpin and Karen O'Connell; 3. Using the Canadian Charter of Rights and Freedoms to constitute women Beverly Baines; 4. Emancipatory equality: gender under the Columbian Constitution Martha I. Morgan; 5. Gender equality and international human rights in Costa Rican constitutional jurisprudence Alda Facio, Rodrigo Jiménez and Martha Morgan; 6. Constituting women: the French ways Eric Millard; 7. Gender in the German Constitution Blanca Rodríguez Ruiz and Ute Sacksofsky; 8. India, sex equality, and constitutional law Martha C. Nussbaum; 9. Constitutional transformation, gender equality, and religious/national conflict in Israel: tentative progress through the obstacle course Ran Hirschl and Ayelet Shachar; 10. 'No nation can be free when one half of it is enslaved': constitutional equality for women in South Africa Saras Jagwanth and Christina Murray; 11. Engendering the constitution: the Spanish experience Ruth Rubio-Marin; 12. Gender equality from a constitutional perspective: the case of Turkey Hilal Elver; 13. Gender and the United States Constitution: equal protection, privacy, and Federalism Reva B. Siegel.