Women and participatory constitutionalism

Abstract

This article underscores the foundational exclusion of women from constitution-making as an expression of the ideology of separate and gendered spheres dominant at the birth of written constitutionalism. It traces the incorporation of women into constitution-making within a broader gender equality participatory turn taking place, since the late 1980s and especially 1990s, coinciding in time with the rise of popular constitutionalism more broadly speaking. By looking at a variety of examples drawn from multiple jurisdictions across the world, it explores the forms of participation of women in constitution-making both through their gradual (though yet insufficient) incorporation into official constitution-making bodies and institutions and, more importantly, through civil society mobilization. It claims that without taking into account the structural dimension of women's traditional exclusion from the public sphere and constitution-making it is not possible to have an adequate comprehension of the strategies, challenges, meaning, and impact of women joining constitution-making, all of which I briefly describe.