Ruth Rubio-Marín
Biographic Data
| ID | 256797 |
|---|---|
| NAME | Ruth Rubio-Marín |
| GIVEN NAMES | Ruth |
| FAMILY NAME | Rubio-Marín |
| SIGNATURE | RUBIO-MARÍN R |
| AFFILIATIONS | Universidad de Sevilla |
| VERIFIED | No |
| TOTAL WORKS | 18 |
| TOTAL CITATIONS | 50 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 2 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Gender and Constitutionalism
Constitutions perform multiple functions. One of the least explored functions is their gender ordering function, consisting in establishing the basis for the definition and organization of the relationship between genders as part of the structure of the social and political system they help configure. This order becomes fully visible only when we accord due relevance to the way constitutions (explicitly or implicitly) shape the organization of se…
The Cambridge Companion to Gender and the Law
To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functio…
Global Gender Constitutionalism and Women's Citizenship
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, …
De-Democratization and Opposition to Gender Equality Politics in Europe
Over the last decade, several European Union (EU) Member States have experienced unprecedented processes of de-democratization with negative consequences for equality and social justice. Democracy as an ideal and practice is connected to equality, openness, universality, rights, inclusion, participation, and contestation. De-democratization in turn comes in many forms: in the spread of authoritarian radical right populism and an explicit backlash…
The Right to Gender Recognition before the Colombian Constitutional Court
This article discusses the case-law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self-defined identities recognised. The article criticises the limitations of this case-law, which still does not explicitly include non-binary and g…
Transitional Justice Standards on Reparations for Women Subjected to Violence in the Cedaw Committee’s Evolving Legal Practice
Violence against women continues to be one of the most pressing global concerns. Reparations for women victims of violence have been addressed by the Convention on the Elimination of All Forms of Discrimination against Women Committee over the last 15 years. This article critically examines the evolving practice of the Committee on reparations, in light of the transitional justice doctrinal and normative acquis on gender-sensitive reparations. We…
Redress for Involuntarily Sterilised Trans People in Sweden against Evolving Human Rights Standards
Involuntary sterilisation is a long-standing practice that has targeted vulnerable and marginalised groups in different historical and geographical contexts. These include transgender and transsexual people who have often had to undergo sterilisation as a requirement for legal gender recognition. During the last decades, the international community has started to recognise involuntary sterilisation as a violation of human rights, with remedial im…
Gender Parity and Multicultural Feminism
Around the world, we see a ‘participatory turn’ in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women’s role as decision-makers. We also see a ‘pluralism turn’, with increasing legal recognition given to the customary law or religious law of minority groups and indigenous groups. To date, the former trend has primarily benefitted majority women, and the latter has primarily benef…
Women’s Participation in the Public Domain Under Human Rights Law
This chapter explores how human rights law has contributed to the shift towards participatory gender equality by legitimating the adoption of quotas and parity mechanisms to ensure women’s equal participation in decision-making. Since the adoption of CEDAW, human rights law has moved away from formal equality notions that simply affirm women’s equal political rights. Instead, we see growing endorsement of substantive equality doctrines that valid…
Feminist Constitutionalism in Canada
This chapter examines the Canadian Constitution through feminist lenses. It proposes a feminist framework to evaluate constitutional law. Feminist constitutionalism aims to promote women’s agency and to protect their rights fully. Feminist constitutionalism examines women’s agency in constitutional law. It also examines critically the interpretation of traditional rights, the impact of constitutionally structured diversity, and the approach to eq…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
The Struggle for Female Suffrage in Europe
A New European Parity-Democracy Sex Equality Model and why it won't Fly in the United States
This Article argues that over the past years, in Europe, some instruments and policies dealing with gender equality both at the national and supra-national level reflect a move from a narrow antidiscrimination frame to a broader model that tackles the underparticipation and disempowerment of women in public and private life as a deficiency of democracy and a problem of citizenship. By analyzing specific parity measures that have been adopted rece…
Identities in Transition
In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transiti…
Women and Reparations
Reparations for victims of gross human rights violations are becoming an increasingly acknowledged feature in post-authoritarian and post-conflict societies coping with the legacy of a violent past. Despite some recent progress much more work needs to be done for massive reparations programs to respond better to the needs of women. This article, resting as it does on a comprehensive conception of reparations, outlines both the procedural and subs…
Women and the Cost of Transition to Democratic Constitutionalism in Spain
There is overall consensus that the Spanish Constitution of 1978 has played a crucial role in consolidating Spain's democracy, and that, women, as a group, have largely benefited from this transition to a new democratic order. Indeed, the connection between constitutional democracy and the conditions for women's emancipation, although not completely unchallenged, is generally made. However, the tensions brought about by the process of structural …
Symposium on 11 September 2001 Terrorism, Islam and the West
Immigration as a Democratic Challenge
Immigration raises a number of important moral issues regarding access to the rights and privileges of citizenship. At present, immigrants to most Western democracies do not enjoy the same rights as citizens, and must satisfy a range of conditions before achieving citizenship. In this book, first published in 2000, Ruth Rubio-Marín argues that this approach is unjust and undemocratic, and that more inclusive policies are required. In particular, …
De-Democratization and Opposition to Gender Equality Politics in Europe
Over the last decade, several European Union (EU) Member States have experienced unprecedented processes of de-democratization with negative consequences for equality and social justice. Democracy as an ideal and practice is connected to equality, openness, universality, rights, inclusion, participation, and contestation. De-democratization in turn comes in many forms: in the spread of authoritarian radical right populism and an explicit backlash…
Women and Reparations
Reparations for victims of gross human rights violations are becoming an increasingly acknowledged feature in post-authoritarian and post-conflict societies coping with the legacy of a violent past. Despite some recent progress much more work needs to be done for massive reparations programs to respond better to the needs of women. This article, resting as it does on a comprehensive conception of reparations, outlines both the procedural and subs…
Symposium on 11 September 2001 Terrorism, Islam and the West
The Right to Gender Recognition before the Colombian Constitutional Court
This article discusses the case-law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self-defined identities recognised. The article criticises the limitations of this case-law, which still does not explicitly include non-binary and g…
A New European Parity-Democracy Sex Equality Model and why it won't Fly in the United States
This Article argues that over the past years, in Europe, some instruments and policies dealing with gender equality both at the national and supra-national level reflect a move from a narrow antidiscrimination frame to a broader model that tackles the underparticipation and disempowerment of women in public and private life as a deficiency of democracy and a problem of citizenship. By analyzing specific parity measures that have been adopted rece…
Redress for Involuntarily Sterilised Trans People in Sweden against Evolving Human Rights Standards
Involuntary sterilisation is a long-standing practice that has targeted vulnerable and marginalised groups in different historical and geographical contexts. These include transgender and transsexual people who have often had to undergo sterilisation as a requirement for legal gender recognition. During the last decades, the international community has started to recognise involuntary sterilisation as a violation of human rights, with remedial im…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
Women and the Cost of Transition to Democratic Constitutionalism in Spain
There is overall consensus that the Spanish Constitution of 1978 has played a crucial role in consolidating Spain's democracy, and that, women, as a group, have largely benefited from this transition to a new democratic order. Indeed, the connection between constitutional democracy and the conditions for women's emancipation, although not completely unchallenged, is generally made. However, the tensions brought about by the process of structural …
Immigration as a Democratic Challenge
Immigration raises a number of important moral issues regarding access to the rights and privileges of citizenship. At present, immigrants to most Western democracies do not enjoy the same rights as citizens, and must satisfy a range of conditions before achieving citizenship. In this book, first published in 2000, Ruth Rubio-Marín argues that this approach is unjust and undemocratic, and that more inclusive policies are required. In particular, …
Symposium on 11 September 2001 Terrorism, Islam and the West
Women and the Cost of Transition to Democratic Constitutionalism in Spain
There is overall consensus that the Spanish Constitution of 1978 has played a crucial role in consolidating Spain's democracy, and that, women, as a group, have largely benefited from this transition to a new democratic order. Indeed, the connection between constitutional democracy and the conditions for women's emancipation, although not completely unchallenged, is generally made. However, the tensions brought about by the process of structural …
Women and Reparations
Reparations for victims of gross human rights violations are becoming an increasingly acknowledged feature in post-authoritarian and post-conflict societies coping with the legacy of a violent past. Despite some recent progress much more work needs to be done for massive reparations programs to respond better to the needs of women. This article, resting as it does on a comprehensive conception of reparations, outlines both the procedural and subs…
Identities in Transition
In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transiti…
The Struggle for Female Suffrage in Europe
A New European Parity-Democracy Sex Equality Model and why it won't Fly in the United States
This Article argues that over the past years, in Europe, some instruments and policies dealing with gender equality both at the national and supra-national level reflect a move from a narrow antidiscrimination frame to a broader model that tackles the underparticipation and disempowerment of women in public and private life as a deficiency of democracy and a problem of citizenship. By analyzing specific parity measures that have been adopted rece…
Anti-Discrimination Exceptionalism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence ag…
Feminist Constitutionalism in Canada
This chapter examines the Canadian Constitution through feminist lenses. It proposes a feminist framework to evaluate constitutional law. Feminist constitutionalism aims to promote women’s agency and to protect their rights fully. Feminist constitutionalism examines women’s agency in constitutional law. It also examines critically the interpretation of traditional rights, the impact of constitutionally structured diversity, and the approach to eq…
Gender Parity and Multicultural Feminism
Around the world, we see a ‘participatory turn’ in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women’s role as decision-makers. We also see a ‘pluralism turn’, with increasing legal recognition given to the customary law or religious law of minority groups and indigenous groups. To date, the former trend has primarily benefitted majority women, and the latter has primarily benef…
Women’s Participation in the Public Domain Under Human Rights Law
This chapter explores how human rights law has contributed to the shift towards participatory gender equality by legitimating the adoption of quotas and parity mechanisms to ensure women’s equal participation in decision-making. Since the adoption of CEDAW, human rights law has moved away from formal equality notions that simply affirm women’s equal political rights. Instead, we see growing endorsement of substantive equality doctrines that valid…
Redress for Involuntarily Sterilised Trans People in Sweden against Evolving Human Rights Standards
Involuntary sterilisation is a long-standing practice that has targeted vulnerable and marginalised groups in different historical and geographical contexts. These include transgender and transsexual people who have often had to undergo sterilisation as a requirement for legal gender recognition. During the last decades, the international community has started to recognise involuntary sterilisation as a violation of human rights, with remedial im…
Transitional Justice Standards on Reparations for Women Subjected to Violence in the Cedaw Committee’s Evolving Legal Practice
Violence against women continues to be one of the most pressing global concerns. Reparations for women victims of violence have been addressed by the Convention on the Elimination of All Forms of Discrimination against Women Committee over the last 15 years. This article critically examines the evolving practice of the Committee on reparations, in light of the transitional justice doctrinal and normative acquis on gender-sensitive reparations. We…
De-Democratization and Opposition to Gender Equality Politics in Europe
Over the last decade, several European Union (EU) Member States have experienced unprecedented processes of de-democratization with negative consequences for equality and social justice. Democracy as an ideal and practice is connected to equality, openness, universality, rights, inclusion, participation, and contestation. De-democratization in turn comes in many forms: in the spread of authoritarian radical right populism and an explicit backlash…
The Right to Gender Recognition before the Colombian Constitutional Court
This article discusses the case-law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self-defined identities recognised. The article criticises the limitations of this case-law, which still does not explicitly include non-binary and g…
Global Gender Constitutionalism and Women's Citizenship
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, …
The Cambridge Companion to Gender and the Law
To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functio…
Gender and Constitutionalism
Constitutions perform multiple functions. One of the least explored functions is their gender ordering function, consisting in establishing the basis for the definition and organization of the relationship between genders as part of the structure of the social and political system they help configure. This order becomes fully visible only when we accord due relevance to the way constitutions (explicitly or implicitly) shape the organization of se…
Political science (17 works) · Sociology (17 works) · Law (13 works) · Politics (11 works) · Democracy (9 works) · Human rights (8 works) · Law (7 works) · Gender Studies (6 works) · Citizenship (5 works) · Criminology (5 works)