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Conclusion

Published online by Cambridge University Press:  29 September 2022

Ruth Rubio-Marin
Affiliation:
Universidad de Sevilla
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Summary

At its inception, modern constitutionalism was superimposed on a reproductive family structure, built around marriage, which was both naturalized and romanticized. This family order crafted a specific understanding of women’s citizenships centered around the role of mother and caretaker, turning modern family law into the legal source that, de facto, most impacted women’s constitutional membership. The degrees and forms in which this family scheme and the gender roles it implied were rendered constitutionally explicit have varied across time and space, as have the ways in which they have affected women, many of whom, for various reasons (including those related to class, ethnicity, race, or sexual orientation), were not able or deemed fit to live up to its idealized standards. Yet the general acceptance of the marital family as “the foundational unit of society” (an expression that is still reproduced in multiple constitutions today) explains why all too often women’s attempts to advance toward the affirmation of equal citizenship were first resisted as challenges to the very structure of the constitutional order, rather than simply celebrated as natural steps in the gradual conquest of the vision of coexistence among naturally free human beings that enlightened and liberal theories referred to.

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Global Gender Constitutionalism and Women's Citizenship
A Struggle for Transformative Inclusion
, pp. 329 - 339
Publisher: Cambridge University Press
Print publication year: 2022

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  • Conclusion
  • Ruth Rubio-Marin, Universidad de Sevilla
  • Book: Global Gender Constitutionalism and Women's Citizenship
  • Online publication: 29 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781316819241.009
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  • Conclusion
  • Ruth Rubio-Marin, Universidad de Sevilla
  • Book: Global Gender Constitutionalism and Women's Citizenship
  • Online publication: 29 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781316819241.009
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.

  • Conclusion
  • Ruth Rubio-Marin, Universidad de Sevilla
  • Book: Global Gender Constitutionalism and Women's Citizenship
  • Online publication: 29 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781316819241.009
Available formats
×