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Constitutions and the Treatment of Gender

Constitutions and the Treatment of Gender

To explain how constitutions shape and are shaped by women's lives, we will examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, we will 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. We will try to identify similarities and differences in outcomes and in reasoning and ponder the impact on them of different variables including whether the countries have a written or unwritten constitution, subscribe to civil or common law, are a federal or unitary state, limit constitutional adjudication to the public rather than also including the private domain, accord international norms binding force, or rely on a specialized or general court to adjudicate constitutional matters.