Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-dfsvx Total loading time: 0 Render date: 2024-04-27T11:41:50.849Z Has data issue: false hasContentIssue false

2 - Inclusive Constitutionalism and Its Limits

Published online by Cambridge University Press:  29 September 2022

Ruth Rubio-Marin
Affiliation:
Universidad de Sevilla
Get access

Summary

Second-wave feminism was key to subverting the head-and-master regime, and constitutional sex equality provisions gave birth to an inclusive gender constitutionalism, which, by overcoming family exceptionalism, affirmed the need to produce gender-neutral legal orders and to suppress marital-status discrimination. Two variants of the inclusive paradigm were shaped: one, prevalent in the United States and with a focus on combatting gender stereotypes that limited women’s market options (assimilationist workerism), and another one (maternalist accommodationism), better suited for constitutional regimes combining sex equality with motherhood/family protection mandates and seeking not only to allow but also to accommodate women’s pregnancy and motherhood-related needs. In confronting women’s claims to reproductive autonomy, constitutional orders had to rely on constitutional interpretations and gave way to radically different constitutional architectures around abortion, with the right to abortion (based on privacy) appearing in one tradition (as exemplified in US constitutionalism) and the duty of motherhood (based on the protection owed to the fetus) being affirmed in the other (as exemplified in German constitutionalism).

Type
Chapter
Information
Global Gender Constitutionalism and Women's Citizenship
A Struggle for Transformative Inclusion
, pp. 81 - 129
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×