Gender Equality and Women’s Empowerment: Constitutional Jurisprudence

9,619
This publication is only available in electronic format
Published: 
15 December 2017
Language: 
English
Pages: 
100
Author(s): 
The Just Governance Group
Co-Publisher(s): 
UN Women

This exploratory study of constitutional jurisprudence on gender equality and women’s empowerment reveals a series of important findings regarding the current state of lived realities for women living under constitutions which purportedly provide for equality between men and women and prohibit discrimination based on gender.

As is well-known, even the best drafted constitutions cannot change the lives of citizens by themselves. Numerous obstacles—including legislative and executive inertia or resistance to change, economic inequalities, social and cultural mores and imbalance of power in government and society—must be overcome before the words of the constitution become meaningful tools for societal change.

However, from the range of cases selected in this study, there are several reasons to be optimistic about progress. Courts have shown themselves to be both progressive and strategic, willing to engage in social context and substantive equality analyses to arrive at decisions in line with the sprit, not just the letter, of the law. Further, the cases demonstrate a wide range of different constitutional provisions which have been referenced to improve women’s equity and agency, beyond non-discrimination and equality clauses.

Contents

Acknowledgements

Abbreviations

Executive Summary

1. Introduction

2. Analysis of constitutional jurisprudence: family law

3. Analysis of constitutional jurisprudence: gender-based violence

4. Analysis of constitutional jurisprudence: women’s access to public life

5. Conclusions

Related Content

Aug
17
2022

Marie Josée Ifoku is the only woman with a candidacy for the presidential election of December 2018 that has been validated. Image credit: Wikipedia.

News Article
Aug
10
2022

Musical act during the graduation of YWDA, Khartoum, Sudan-09-08-2022. Image credit: International IDEA

News Article
Jul
20
2022
Participants during previous training sessions by International IDEA-Al Fashir, Sudan, by International IDEA 

Participants during previous training sessions by International IDEA-Al Fashir, Sudan. Image credit: International IDEA.

News Article
Jul
04
2022
Image credit: AMISOM Public Information@flickr

Image credit: AMISOM Public Information@flickr

News Article