With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.

"In the past decade, people whose bodies, genders or sexualities differ from socially expected norms have become more visible and have been granted greater recognition within the law. Yet despite this, many service providers do not have a strong understanding of the social and legal issues that continue to have a significant impact on these diverse groups of people and their relationships and families. In order to address this knowledge gap, this book brings together research findings from often disparate disciplines into an accessible and useful form for practitioners, as well as for researchers, academics, students, and the general public. Part 1 defines key terms, and addresses the psychosocial and legal issues faced by trans or gender diverse, intersex, and/or non-heterosexual individuals. Part 2 looks at the psychosocial and legal aspects of couple relationships. Part 3 considers parenting and families. Part 4 discusses practical tips for professionals working with this client group, including specific content for lawyers and mediators. As a whole, this book both questions the presumed neutrality of the law, yet insists that it is possible for the law to play a key role in challenging cisgenderism and heterosexism."--Back cover.

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.

Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.

This book offers a comprehensive and in-depth overview of how public policy is shaping gender equality in Europe.