Throughout four chapters, this research goes into an analysis of the influence and effectiveness of the application of feminist constitutions in the promotion and protection of women's rights in different democratic settings. Chapter I, "Literature Review," lays the theoretical and contextual foundations for the research, exploring the historical and contextual background of the problem, formulating the research question and specific objectives, and delving into feminist interpretations, the concept of feminist constitutionalism and its impact on the promotion of gender equality in democratic societies. It also investigates the crucial role of constitutions in safeguarding women's rights and the challenges faced by countries in implementing constitutional policies and reforms aimed at gender equality. Chapter II, entitled "Case Studies of Feminist Constitutions," focuses on three emblematic cases: Iceland, Tunisia and Bolivia. These countries were strategically selected for their geographic, cultural and socioeconomic diversity, which allows for an enriching comparative analysis of the implementation of feminist constitutions in different contexts. Iceland represents a highly developed nation with a long tradition of promoting gender equality. Tunisia, on the other hand, is located in a region of democratic transition in North Africa, and Bolivia stands out for its rich ethnic and cultural diversity in South America. Through these case studies, we examine in detail how each country has addressed the issue of gender equality in its constitutional framework and what impact these measures have had on women's rights. Chapter III, "Analysis of the Impact of Feminist Constitutions on Women's Rights," delves into the concrete assessment of the extent to which feminist constitutions have achieved tangible improvements in women's lives in the countries studied. It considers concrete advances and achievements in areas such as political participation, equality in the workplace and education, protection against gender-based violence and the eradication of gender discrimination. Criticisms and possible limitations of these constitutions are also addressed, recognizing that their implementation may face political, social and cultural obstacles. Furthermore, it elaborates on the need for broader societal changes that support the effective implementation of feminist constitutions, as these measures constitute only one component of a broader approach to addressing gender inequality and violations of women's rights. Chapter IV, "Feminist Constitutions as a Solution to Women's Rights Violations," constitutes the culmination of the research by exploring in depth the transformative potential of feminist constitutions. It discusses how these constitutions can address the root causes of women's oppression, including the transformation of social norms and values rooted in gender inequality. It highlights their ability to promote gender-sensitive interpretation and application of the law, which is critical to ensuring equal justice. A convincing case is made for why feminist constitutions are presented as an effective solution to women's rights violations, as they not only establish a solid legal basis for gender equality, but also foster a cultural and social change necessary to eradicate gender discrimination and violence. Ultimately, this research aims to shed light on the impact and implications of feminist constitutions in different democratic contexts, providing a critical assessment of their effectiveness and offering key recommendations for other democratic countries considering adopting similar measures. The thesis seeks to contribute to the academic and policy debate around gender equality and women's rights, highlighting the fundamental role that feminist constitutions play as powerful tools in promoting a more just and equal society for all people, regardless of their gender.

The Topic to be developed would focus on the creation or implementation of a feminist constitution as a tool that can help solve the problem of violation of women's rights. The topic in general is feminist constitutionalism and the main questions to be solved would be: Does the problem of enforcing women's rights originate from some constitutional loophole? What would be the impact or consequences of implementing a feminist constitution in a society? What is the potential of feminist constitutions to transform legal systems and guarantee the rule of law for women? Would it be better to be explicit in the constitutional text about women's rights, i.e., to mention them textually in the Constitution and not just refer to respect for human rights in general, would this cause a positive and effective change? Is a feminist constitution really the solution to women's rights violations? My research will be developed within the following branches of law: - Constitutional Law and Gender - Comparative International Law - The Rule of Law I will sample two or three countries that have been a case of "success" in implementing a feminist constitution and on the other hand, I will sample two or three countries that have "failed" in implementing a feminist constitution, comparing their constitutions and their cases. The social problem to be solved would be to obtain a positive impact towards the respect of women's rights and avoid their violations such as femicides, discrimination, inequality between men and women, impunity by the States in crimes against women, and machismo.

“The impact of feminist constitutionalism on the protection of women's rights: comparative analysis of national constitutions”

WIMBER CORREA, BRENDA MARIANNE
2022/2023

Abstract

Throughout four chapters, this research goes into an analysis of the influence and effectiveness of the application of feminist constitutions in the promotion and protection of women's rights in different democratic settings. Chapter I, "Literature Review," lays the theoretical and contextual foundations for the research, exploring the historical and contextual background of the problem, formulating the research question and specific objectives, and delving into feminist interpretations, the concept of feminist constitutionalism and its impact on the promotion of gender equality in democratic societies. It also investigates the crucial role of constitutions in safeguarding women's rights and the challenges faced by countries in implementing constitutional policies and reforms aimed at gender equality. Chapter II, entitled "Case Studies of Feminist Constitutions," focuses on three emblematic cases: Iceland, Tunisia and Bolivia. These countries were strategically selected for their geographic, cultural and socioeconomic diversity, which allows for an enriching comparative analysis of the implementation of feminist constitutions in different contexts. Iceland represents a highly developed nation with a long tradition of promoting gender equality. Tunisia, on the other hand, is located in a region of democratic transition in North Africa, and Bolivia stands out for its rich ethnic and cultural diversity in South America. Through these case studies, we examine in detail how each country has addressed the issue of gender equality in its constitutional framework and what impact these measures have had on women's rights. Chapter III, "Analysis of the Impact of Feminist Constitutions on Women's Rights," delves into the concrete assessment of the extent to which feminist constitutions have achieved tangible improvements in women's lives in the countries studied. It considers concrete advances and achievements in areas such as political participation, equality in the workplace and education, protection against gender-based violence and the eradication of gender discrimination. Criticisms and possible limitations of these constitutions are also addressed, recognizing that their implementation may face political, social and cultural obstacles. Furthermore, it elaborates on the need for broader societal changes that support the effective implementation of feminist constitutions, as these measures constitute only one component of a broader approach to addressing gender inequality and violations of women's rights. Chapter IV, "Feminist Constitutions as a Solution to Women's Rights Violations," constitutes the culmination of the research by exploring in depth the transformative potential of feminist constitutions. It discusses how these constitutions can address the root causes of women's oppression, including the transformation of social norms and values rooted in gender inequality. It highlights their ability to promote gender-sensitive interpretation and application of the law, which is critical to ensuring equal justice. A convincing case is made for why feminist constitutions are presented as an effective solution to women's rights violations, as they not only establish a solid legal basis for gender equality, but also foster a cultural and social change necessary to eradicate gender discrimination and violence. Ultimately, this research aims to shed light on the impact and implications of feminist constitutions in different democratic contexts, providing a critical assessment of their effectiveness and offering key recommendations for other democratic countries considering adopting similar measures. The thesis seeks to contribute to the academic and policy debate around gender equality and women's rights, highlighting the fundamental role that feminist constitutions play as powerful tools in promoting a more just and equal society for all people, regardless of their gender.
2022
“The impact of feminist constitutionalism on the protection of women's rights: comparative analysis of national constitutions”
The Topic to be developed would focus on the creation or implementation of a feminist constitution as a tool that can help solve the problem of violation of women's rights. The topic in general is feminist constitutionalism and the main questions to be solved would be: Does the problem of enforcing women's rights originate from some constitutional loophole? What would be the impact or consequences of implementing a feminist constitution in a society? What is the potential of feminist constitutions to transform legal systems and guarantee the rule of law for women? Would it be better to be explicit in the constitutional text about women's rights, i.e., to mention them textually in the Constitution and not just refer to respect for human rights in general, would this cause a positive and effective change? Is a feminist constitution really the solution to women's rights violations? My research will be developed within the following branches of law: - Constitutional Law and Gender - Comparative International Law - The Rule of Law I will sample two or three countries that have been a case of "success" in implementing a feminist constitution and on the other hand, I will sample two or three countries that have "failed" in implementing a feminist constitution, comparing their constitutions and their cases. The social problem to be solved would be to obtain a positive impact towards the respect of women's rights and avoid their violations such as femicides, discrimination, inequality between men and women, impunity by the States in crimes against women, and machismo.
feminist
constitutionalism
women´s rights
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.12608/56516