Gender and the Constitution: Equity and Agency in Comparative Constitutional Design

Pirmais vāks
Cambridge University Press, 2008. gada 21. janv.
We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.

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Populāri fragmenti

173. lappuse - The possibility of exercising these rights is ensured by women being accorded an equal right with men to work, payment for work, rest and leisure, social insurance and education, and by state protection of the interests of mother and child, state aid to mothers of large families and unmarried mothers, maternity leave with full' pay, and the provision of a wide network of maternity homes, nurseries and kindergartens.
166. lappuse - Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
167. lappuse - Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, color, religion, sex, age, or mental or physical disability.
63. lappuse - Constitution as the supreme law of the Republic so as to Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights...
123. lappuse - Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields.
196. lappuse - ... processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if. when and how often to do so.
54. lappuse - When interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law.
245. lappuse - All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Par autoru (2008)

Helen Irving holds degrees in political science, anthropology, history, and law. She is currently Associate Professor in the Faculty of Law at the University of Sydney. Helen Irving has taught political science and constitutional law in several Australian universities since her first appointment in 1977 and was recently Visiting Professor at Harvard Law School from 2005 to 2006. She is the author of To Constitute a Nation: A Cultural History of Australia's Constitution and Five Things to Know about the Australian Constitution. She is also the editor of A Woman's Constitution?, The Centenary Companion to Australian Federation and Unity and Diversity: A National Conversation, among others. She has published widely in journals and in edited collections and is a frequent opinion writer and media commentator. She has been the historical consultant for a number of television and radio documentaries, as well as historical and constitutional advisor to many public and governmental bodies and Justices of the High Court of Australia.

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