Peru: From Exclusionary Constitutionalism to a Transformative One, Progress and Remaining Challenges

Marcela Huaita,Andrea Choccechanca

doi:10.11114/ijlpa.v4i2.5231

Abstract

This article covers the evolution of key gender relations issues in Peruvian constitutions for almost a century, from 1931 to 2021. It analyses the path travelled from the exclusion of women as citizens to the achievement of parity in political participation; the transformation of the equality clause into one that has the possibility to incorporate discrimination based on sexual orientation as a prohibited category; as well as changes in the conception of maternity protection by the State, until one arrives at a provision that recognizes the right of people to decide individually about their reproductive choices. The article also reports on the participation of women in the struggle for these gains, their initiatives both in formal and informal spaces, as well as the demands of first and second wave feminist movements. All these points are organised through categories coined by Ruth Rubio Marín, to understand constitutionalism from a gender perspective: exclusionary, inclusive, participatory, and transformative constitutionalism.

Highlights

This article covers the evolution of key gender relations issues in Peruvian constitutions for almost a century, from 1931 to 2021
Different authors have analysed the relationship between constitutionalism and the recognition of women's rights, but one must keep in mind that constitutional processes -in the Western tradition- have responded to the need to determine and perpetuate the structures of power distribution
- Transformative constitutionalism: this is focused on social reproduction and a family structure that allows the expression of diverse feminist and queer claims; Our proposal is based on these approaches and we will analyse the Peruvian constitutions of 1933, 1979 and the current one of 1993, including its modifications

Summary

Constitutionalism and Gender

Different authors have analysed the relationship between constitutionalism and the recognition of women's rights, but one must keep in mind that constitutional processes -in the Western tradition- have responded to the need to determine and perpetuate the structures of power distribution. Thanks to their tenacity, women have managed to become part of formal bodies even though these spaces are intimidating and potentially hostile They are often far from their social networks, and even accused of treachery when they fail to achieve their demands, either due to lack of knowledge of how to play the game, or because they have been isolated in the spheres of power. - Transformative constitutionalism: this is focused on social reproduction and a family structure that allows the expression of diverse feminist and queer claims; Our proposal is based on these approaches and we will analyse the Peruvian constitutions of 1933, 1979 and the current one of 1993, including its modifications

Exclusionary Approach

Inclusive Approach

Participatory Approach

Transformative Approach

Findings

Challenges on the Eve of a New Centenary