Year of Publication
2021
Organization Name
German Institute for Global and Area Studies
Acronym
GIGA
Category
Academic articles
Keyword(s)
Chile
Argentina
gender
Constitutions
gender equality
Abstract
Gender equality provisions have become nearly standard in constitutional design for
new democracies. How do such provisions affect the ability of women’s rights advocates
to achieve social change? To address this question, we compare the political
use (legislation, policy, and judicial interpretation) of these provisions in Chile and
Argentina, countries that differ with respect to how they have constitutionalised gender
rights. The comparative analysis demonstrates how gender-specific
constitutional
provisions provide a legal basis and legitimacy for women’s rights advocates to advance
new policy, protect policy gains, and pursue rights-based
cases through the courts.
new democracies. How do such provisions affect the ability of women’s rights advocates
to achieve social change? To address this question, we compare the political
use (legislation, policy, and judicial interpretation) of these provisions in Chile and
Argentina, countries that differ with respect to how they have constitutionalised gender
rights. The comparative analysis demonstrates how gender-specific
constitutional
provisions provide a legal basis and legitimacy for women’s rights advocates to advance
new policy, protect policy gains, and pursue rights-based
cases through the courts.
Download document