Constitutions and women’s rights advocacy: strategic uses of gender provisions in Argentina, Chile, Botswana, and South Africa

Lambert, Priscilla; Scribner, Druscilla

doi:10.1080/21565503.2018.1449759

Cited by 3 publications

(2 citation statements)

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“… 4. In previous research, activists agreed that constitutional provisions enhanced the legitimacy of rights claims. We also found that when countries didn’t have constitutional rights, activists relied more heavily on international law and treaties (Lambert and Scribner, 2020). …”

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confidence: 85%

“…Constitutional provisions must be taken up, claimed, and used by political and social actors in service of such goals in the political context of their time. We contend that constitutional provisions provide women’s rights advocates with a constitutional anchor for legislative and judicial action and influence the content of legislation and judicial review of laws and policies (Lambert and Scribner, 2020). While we treat constitutional gender equality provisions as an institutional variable shaping behaviour, strategies, and outcomes, we also recognise that the provisions themselves are the product of social and political change (Przeworski, 2004).…”

Section: Constitutional Provisions and Policy Change: Theory And Expectationsmentioning

confidence: 99%

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Constitutions and Gender Equality in Chile and Argentina

Lambert

Scribner

2021

Journal of Politics in Latin America

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Gender equality provisions have become nearly standard in constitutional design for new democracies. How do such provisions affect the ability of women’s rights advocates to achieve social change? To address this question, we compare the political use (legislation, policy, and judicial interpretation) of these provisions in Chile and Argentina, countries that differ with respect to how they have constitutionalised gender rights. The comparative analysis demonstrates how gender-specific constitutional provisions provide a legal basis and legitimacy for women’s rights advocates to advance new policy, protect policy gains, and pursue rights-based cases through the courts.

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confidence: 85%

Section: Constitutional Provisions and Policy Change: Theory And Expectationsmentioning

confidence: 99%