Constitutions and Gender Equality in Chile and Argentina

Priscilla Lambert,Druscilla Scribner

doi:10.1177/1866802x211024245

Priscilla Lambert, Druscilla Scribner

Open Access

https://doi.org/10.1177/1866802x211024245

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Abstract

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.

Highlights

Gender equality provisions have become nearly standard in the constitutional design for new democracies
We have sought to clarify some of the claims in the literature that link constitutional provisions to differences in outcomes, focusing on legislation and constitutional court cases from 1990 to 2020 in Argentina and Chile
We expected that the way gender is framed in the national constitution will be reflected in policy change strategies, proposals, debates, and in the law itself

Summary

Introduction

Gender equality provisions have become nearly standard in the constitutional design for new democracies. In the hands of women’s rights advocates, gender provisions have the potential to provide a legal basis and political legitimacy for their work to advance new policy, protect policy gains, and pursue rights-based cases through the courts. To examine whether gender provisions affect efforts to achieve policy change, we compare Argentina and Chile, two countries that share many historical, political, and social experiences, but differ in the way gender equality is recognised in the constitution. Women’s rights organisations are professionalised and well connected to international networks of women’s and human rights groups; these ties provide important resources and assistance to national actors Both are exposed to global and regional pressures to implement policies and strengthen national gender machineries to improve the lives of women (Craske and Molyneux, 2002: 10–11). We discussed litigation strategies and individual cases with our interviewees, asking if and how gender provisions were reflected in judicial decisions

Part I: Gender in the Constitution

Part II: Gender Policy

Findings

Conclusion