1st Edition
The Rights of Women in Comparative Constitutional Law
Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level.
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 look 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 contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere.
The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
Introduction. Women’s Rights and Gender Equality in the Twenty-First Century: A Relevant Comparative Constitutional Issue
Irene Spigno, Valentina Rita Scotti and Janaína Lima Penalva da Silva
Part I – Women’s Rights in European Constitutions
1 Gender Equality in the Republic of Croatia: Two Steps Forwards, One Step Back
Anita Blagojevic´
2 From Equality to the Failed "Legislative Breach of Gender" in Germany
Francesca Brunetta d’Usseaux
3 Gender Equality and Constitutional Interpretation: Hungary
Tímea Drinóczi and Lídia Balogh
4 The Protection of Women’s Rights in Italy: A Constant "Dialogue" Between the Legislator and Constitutional Judges
Valentina Rita Scotti
5 Rise and Fall of Gender Equality in Poland
Agnieszka Bień-Kacała, Julia Kapelańska-Pręgowska, Anna Tarnowska
6 Spain, an Ongoing Transition Towards Gender Equality
Mar Aguilera Vaqués
Part II – Women’s Rights in American Constitutions
7 The Legal Development of the Pursuit of Gender Equality in Argentina
Ana Micaela Alterio and Paulina Macías
8 Feminism for a Future of Brazilian Constitutionalism
Janaína Lima Penalva da Silva and Vera Karam de Chueiri
9 Gender Equality and Women's Rights in Mexico: From a "Gendered Constitutional and Legislative Framework" to "Pandemic" Violence against Women
Irene Spigno
10 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
11 Gender Equality in Ethiopia: The Interaction of Secular, Religious, and Customary Laws
Rossella Bottoni
12 Onnazaka: The "Women's Slope" Towards Gender Equality in Japan
Elisa Bertolini
13 Women’s Rights in the Constitutional Framework of Kyrgyzstan
Asylai Akisheva
Conclusions. Are Women’s Rights a Reality in the Twenty-First-Century Comparative Constitutional Law? Some Final Remarks
Irene Spigno, Valentina Rita Scotti and Janaína Lima Penalva da Silva
Biography
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 from the University of Siena in Italy and is Full Professor of Comparative Constitutional Law at the Autonomous University of Coahuila (Mexico). Among her research interests are freedom of expression and hate speech, constitutional justice andmulticulturalism in comparative perspective. She co-chairs the research group on ‘Gender and Constitution’ of the International Association of Constitutional Law (IACL).
Valentina Rita Scotti is Associate Professor of Comparative Public Law at the European Law and Governance School of the European Public Law Organization in Athens. She holds a Ph.D. in Comparative Public Law from the University of Siena in Italy. Among her research interests are constitutionalism and human rights (including gender and constitutionalism), constitutional cross-fertilization and parliamentary cooperation. She co-chairs the research group on ‘Gender and Constitution’ of the International Association of Constitutional Law (IACL).
Janaína Lima Penalva da Silva is Associate Professor at the Law School of the University of Brasília and Coordinator of its Center of Studies of Inequality and Discrimination. She has aM.Sc. in Bioethics and Law from the University of Barcelona. She lectures in Constitutional Law and Feminist Theory. She is a Scientific Researcher of the Law School of the University of Torino and the Scientific Supervisor of Bloco A (a sexual and reproductive rights NGO). She also co-chairs the research group on ‘Gender and Constitution’ of the International Association of Constitutional Law (IACL).
