By Beverley Baines, Ruth Rubio-Marin
Describing the constitutional rights of ladies in twelve nations, the individuals to this assortment draw on a variety of criminal instances protecting concerns equivalent to abortion, sexual harassment, employment discrimination, sexual abuse, pornography, kinfolk relationships, entry to healthiness and social information advantages, and electoral rights, between others. Their research unearths how primarily male judges come to a decision instances which are normally approximately women's equality claims. The volume's comparative point of view offers readers with the foundation for self reliant goals of constitutional equality for ladies.
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Additional resources for The Gender of Constitutional Jurisprudence
Example text
In the latter case, subject status was not inalienable but could be lost when the individual moved on to another colony or nation. 21 Instead, the words “people” and “subject” were used. Furthermore, the fact that women were not expected (and for some time not able) to be active in public affairs suggests that citizenship was also gendered male. Writing in Indigenous Women. The history of the inclusion (or exclusion) of indigenous women in the making of the Constitution and the system of government it set up is tied to the inclusion of indigenous people generally.
Does the embrace of the doctrine of the horizontal effects of constitutional rights open a path for fighting against unfairness and oppression inside of the home? Is domestic violence a constitutional offense? How, if at all, do constitutions conceptualize women’s domestic labor? What is the constitutional debate surrounding the impact of personal, religious, and customary family law on women’s rights? What role, if any, does federalism play in the constitutionalization of the family? Ultimately, feminist scholars should also ask: Does constitutional doctrine sustain the fiction of the split between the private and public?
37 The Women’s Constitutional Convention supported a republic, a Bill of Rights, and recognition for local government in the Constitution. However, support for a republic was qualified by concern that any future model of government supported equality in decision-making processes and recognised indigenous Australians. The Women’s Convention also called for greater civic education in preparation for the vote on the Republic. In the end, the referendum was structured in terms that did not reflect the outcomes of either of the Conventions and, when put to the people, failed.