The Rights of Women in Comparative Constitutional Law  book cover
1st Edition

The Rights of Women in Comparative Constitutional Law

  • Available for pre-order on April 13, 2023. Item will ship after May 4, 2023
ISBN 9781032393834
May 4, 2023 Forthcoming by Routledge
304 Pages

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Book Description

Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women’s equality at the global level.

This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women’s participation in the public sphere.

The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women’s and Gender Studies.

Table of Contents

1 Introduction: Women’s Rights and Gender Equality in the XXI Century: A Relevant Comparative Constitutional Issue (Irene Spigno, Valentina Rita Scotti, Janaína Lima Penalva da Silva). Part I – Women’s Rights in European Constitutions. 2 Gender Equality in the Republic of Croatia: Two Steps Forwards, One Step Back (Anita Blagojević). 3 From Equality to the Failed "Legislative Breach of Gender" in Germany (Francesca Brunetta d’Usseaux).4 Gender Equality and Constitutional Interpretation: Hungary (Tímea Drinóczi, Lídia Balogh). 5 The Protection of Women’s Rights in Italy: A Constant "Dialogue" Between The Legislator And Constitutional Judges (Valentina Rita Scotti). 6 Rise and Fall of Gender Equality in Poland (Agnieszka Bień-Kacała, Julia Kapelańska-Pręgowska, Anna Tarnowska). 7 Spain, an Ongoing Transition Towards Gender Equality (Mar Aguilera Vaqués). Part II – Women’s Rights in American Constitutions. 8 The Legal Development of the Pursuit of Gender Equality in Argentina (Ana Micaela Alterio, Paulina Macías). 9 Feminism for a Future of Brazilian Constitutionalism (Janaína Lima Penalva da Silva, Vera Karam de Chueiri). 10 Gender Equality and Women's Rights in Mexico. From a "Gendered Constitutional and Legislative Framework" to "Pandemic" Violence Against Women (Irene Spigno). 11 Gender Equality and Women's Rights in the US Constitutional Framework: A Stalled Past and an Uncertain Future (Graziella Romeo).Part III – Women’s Rights in African and Asian Constitutions. 12 Gender Equality in Ethiopia. The Interaction of Secular, Religious and Customary Laws (Rossella Bottoni). 13 Onnazaka: The "Women's Slope" Towards Gender Equality in Japan (Elisa Bertolini). 14 Women’s Rights in the Constitutional Framework of Kyrgyzstan (Asylai Akisheva). 15 Conclusions: Are Women’s Rights a Reality in the XXI Century Comparative Constitutional Law? Some Final Remarks (Irene Spigno, Valentina Rita Scotti, Janaína Lima Penalva da Silva).

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Irene Spigno is General Director of the Inter-American Academy of Human Rights of the Autonomous University of Coahuila (Mexico) and Director of its Centre for Comparative Constitutional Studies. She holds a Ph.D. in Comparative Constitutional Law (University of Siena – Italy) and is Full Professor of Comparative Constitutional Law at the Autonomous University of Coahuila (Mexico). Among her research interests there are freedom of expression and hate speech, constitutional justice and multiculturalism in comparative perspective.

Valentina Rita Scotti is Associate Professor at the European Law and Governance School of the European Public Law Organization. She holds a Ph.D. in Comparative Public Law (University of Siena – Italy). Among her research interests there are constitutionalism and human rights (including gender and constitutionalism), constitutional cross-fertilization and parliamentary cooperation.

Janaína Lima Penalva da Silva is an Associate Professor at the Law School of the University of Brasília and Coordinator of its Center of Studies of Inequality and Discrimination. She holds a Ph.D. in in Law, State and Constitution (University of Brasília) and  a master on Bioethics and Law (University of Barcelona). Among her research interests there are constitutional law and feminist theory.