Feminist Constitutionalism

Gender Equality as Social Reproduction Infrastructure
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Gender Equality as Social Reproduction Infrastructure

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Purchase Instant Access. View Preview. Learn more Check out. Volume 44 , Issue 3 August Pages Related Information. Close Figure Viewer. So often in international politics agendas are set by state and institutional actors, which only ask for participation on a pre-defined set of issues.

Women should be allowed to contest what is put on the schema for inclusion in global constitutionalism and where women are absent or silent the outcome is considered illegitimate. Second, women must be co-authors of the constitution. This includes in the making and creation of law itself, but also in academic debate.

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Academics within international law have a particular function within its creation and the persistent absence of women — particularly non-white or non-cisgender individuals — from academic fora, which includes the continued publication of edited collections with none or a single token woman cannot endure. The academy, alongside governments and international organisations must address gross gender disparities.

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LPenting marked it as to-read Dec 11, Since , she has served as Head, Department of Gender Studies. But the idea that affect must be educated is at least as old as Aristotle. More recently, women have had some voice in constitutive processes, but nowhere near half of the clout. Feminists who critique law must understand that legal systems cannot really be transformed without addressing their constitutional foundations. 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.

Women must preserve in their global constitutional activism and their voices must be genuinely engaged with. Fourth, the power of rejection must persist. Women must be allowed to discard elements or entire cohorts of global constitutionalism when previous or new critique demonstrates the harms that are being replicated or created. Any re-assertion of patriarchal constituted power or euro-centrism must be capable of dismissal.

A Manifesto for Feminist Global Constitutionalist Order

Fifth, challenging preconceived notions of constituent and constituted power holders. The suffrage movements questioned the established myth of equality as being inherent to constitutional democratic forms, particularly when constituent power is regarded as akin to national sovereignty. This alignment of equality and national sovereignty excludes forms of debate and political struggle.

It is only through appreciating the multiplicity of persons who hold constituent and constituted power that we can begin to build stronger accountability mechanisms. Sixth, moving beyond the Euro-centric gaze is essential for constitutionalism, international law and global constitutionalist debate. This requires us to move beyond the current forms of constitutionalism that are looked to and the international legal authorities relied upon.

Third World Approaches to International Law TWAIL , sub-alternism, and intersectionality all demonstrate the dearth of substantive change in international law; this must not be replicated within global constitutionalism. A global constitutionalism written only by men and women of the Global North cannot be legitimate. Thus, the seventh manifesto point, which is a right of revolt, is essential. The right to revolt discards preconceived notions of the political sphere as a male-centric space, and claims a place for women.

It pleases me in this part to be as passionate as a woman, since many men assume that the female sex does not know how to silence the abundance of their spirits.

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Come boldly, then and be shown the many inexhaustible springs and fountains of my courage, which cannot be stanched when it expresses the desire for virtue. The aim of the manifesto is both for women to have the courage to tackle patriarchal structures and for them not be vilified for doing so. A right to revolt ensures continual challenge to constituted power, it drives reform forward and pushes constituted power — often covetous and combative in the shape of separation of powers — to have regard for constituent actors and political struggle.

From the outset, all women must be present and active within global constitutionalism. If not, feminism will have to re-fight to open the fissures that feminist activism already introduced to domestic and international law. The seven-point manifesto provides a template for how this could be achieved.