Feminist Constitutionalism


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Legal Forum ; Kimberle diverse.

Feminist Constitutionalism

Dixon and Nussbaum pp. The con- law, Narain describes the difficulty of avoid- tributions by Hendricks pp. Alongside curtail the right to abortion in practice.

Absolutism vs. Constitutionalism (AP Euro)

Heather that a feminist perspective on constitutional- Roberts presents a truly marvelous and grip- ism as on any other legal concept is neces- ping analysis of swearing-in ceremonies of sary, fruitful and stimulating. The page women judges at the High Court of Austra- journey is well worth the effort of departing lia; she takes a thorough look at the speeches from home. With that knowledge, a further cally, in the judiciary. It remains astonishing that the first ism through the lens of the gendered division of woman High Court justice, Mary Gaudron, household labour was sworn in as late as Transconstitutionalism substantive gender equality in Hong Kong Kevin Mundy trans.

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Email: mangold jur. Related Papers. By Julieta Lemaitre Ripoll. Female Genital Mutilation and Feminist Constitutionalism. But throughout the world, the constitutional package of sex equality and motherhood protection enabled alternative paths for organizing social reproduction beyond the gender-unequal separate spheres tradition.

The mass decline in the male population occasioned by the two world wars drove constitution-makers to embrace the protection of motherhood, not only as a way of reproducing the nation, but to confront the reality that, in the absence of family wealth, single women would have to combine breadwinning and caregiving. In Italy, the constitutional protection of motherhood motivated similar statutory pregnancy protections as well as paid hours off for breastfeeding.

These protections for working mothers reduced some of the excesses of the twentieth century workplace, by enabling women to stay employed as the biological demands of reproduction temporarily limited their ability to work. On the other hand, protections for mothers also undermined the pursuit of full gender equality.

Throughout Europe, some part of mandatory leave is compulsory for women who are pregnant and give birth.

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Maternity protections are perceived by employers as raising the cost of employing women, thereby incentivizing hiring discrimination against women. In the United States, by contrast, legal feminists were divided after suffrage over woman-protective labor legislation and its compatibility with the ERA. Brandeis wrote his famous defense of woman-protective labor legislation in Muller v.

Kelley opposed the ERA, and Alice Paul, the suffragist author of the ERA, viewed the special protection of working mothers as a threat to full equality.


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Many working-class feminists also opposed the ERA on the grounds that it would invalidate hard-fought labor protections for women. In the s and s, many European countries added further gender equality amendments to their constitutions.

In , Germany adopted a paid parental leave statute , inspired by Scandinavian countries, that guarantees 12 months of parental leave to the two parents of a child. While it is up to the two parents to determine who takes leave and how much each parent takes, the law authorizes an additional two months of leave to couples who share the leave between each other. The German Constitutional Court has recognized these initiatives to encourage fathers to do more caregiving as legislative implementation of equal rights between women and men, pursuant to the constitutional gender equality amendment.

In the United States, by contrast, the special treatment of mothers has long been contested as a threat to gender equality, and the efforts to add a sex equality amendment to the U. This study traces the origins and jurisprudential development of maternity clauses in European constitutions to shed light on the possibility of synthesizing maternity protection with a constitutional commitment to gender equality. You may already have access to this article.

Gender Equality as Social Reproduction Infrastructure

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