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Comparative landscapes of gender and constitutionalism in Latin America

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Francisca POU GIMÉNEZ, Ruth RUBIO MARIN and Verónica UNDURRAGA VALDÉS (eds), Women, gender, and constitutionalism in Latin America, Abingdon ; New York : Routledge, 2024, pp. 1-37
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POU GIMÉNEZ, Francisca, RUBIO MARIN, Ruth, UNDURRAGA VALDÉS, Verónica, MORALES CERDA, Natalia, Comparative landscapes of gender and constitutionalism in Latin America, in Francisca POU GIMÉNEZ, Ruth RUBIO MARIN and Verónica UNDURRAGA VALDÉS (eds), Women, gender, and constitutionalism in Latin America, Abingdon ; New York : Routledge, 2024, pp. 1-37 - https://hdl.handle.net/1814/77826
Abstract
This introductory chapter offers an overview of common features and challenges revealed by a gender-sensitive approach to contemporary Latin American constitutional law and practice. It begins by highlighting three areas that are a source of innovation in the comparative scene: the involvement of women and LGBTQIA+ people in constitution-making, the incorporation and constitutional or quasi-constitutional status of international sources into domestic law, and the crucial role of rights complaints within a broad and diverse menu of channels to access constitutional justice. These elements have had a significant impact on overcoming gender subordination. The chapter then turns to an analysis of regional trends in the following areas: equality and non-discrimination; quotas and gender parity; family structure and same-sex marriage; sexual and reproductive rights; gender-based violence; work, care, and economic citizenship; and self-determination and gender identity. Both achievements and shortcomings are identified. The chapter closes with a critical reflection on conservative backsliding, limitations, and challenges in the way of achieving greater gender justice in the region.
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Published online: 30 April 2024
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