Constitutionalizing Difference
A Case Study Analysis of Gender Provisions in Botswana and South Africa
Bibliographic Data
| ID | 6354449 |
|---|---|
| Authors | Druscilla Scribner, Druscilla L Scribner (0000-0002-2693-7120, University of Wisconsin–Oshkosh), Priscilla A Lambert (0000-0002-1169-0452, Western Michigan University) |
| Year | 2010 |
| Volume | 6 |
| Issue | 1 |
| Pages | 37-61 |
| Publication date | 2010-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Politics & Gender (JOURNAL) |
| Journal identifiers | ISSN: 1743-923X • E-ISSN: 1743-9248 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1743923x0999050x |
| OpenAlex | W2125131900 |
| Language | EN |
| Citations received | 17 |
| References cited | 24 |
This article examines the use of gender in constitutions and its significance for gender equality. New democracies, and some older ones, are increasingly including gender provisions in their constitutions. What is the impact of these provisions on women's political and economic status? Does constitutionalizing gender serve to empower women? If so, what kinds of provisions have an empowering effect and under what conditions? To address these questions, we trace the political use (legislation, policy, and judicial interpretation) of gendered constitutional provisions in Botswana and South Africa, countries that differ substantially with respect to how they have “constitutionalized” gender. The case studies demonstrate how constitutional provisions provide a legal basis and legitimacy for women's rights advocacy and how they influence the content of legislation and judicial review of laws and policies
Interpretation (philosophy · Judicial interpretation · Legislation · Legitimacy · Political science · Politics · Human Rights and Development · Judicial and Constitutional Studies · Law · Legal Issues in South Africa
Gender Machineries Worldwide
Constitutions and women’s rights advocacy
Going underground in South African platinum mines to explore women miners’ experiences
Analysing European gender equality policies abroad
Latin America’s Left-Turn and the Political Empowerment of Indigenous Women
Institutionalizing Gender-Based Violence Within African Democracies
The Chorus of Formal Equality
Gender quotas, democracy, and women's representation in Africa
Social gender inequality and the gender gap in the classroom
Gendered Justice in Comparative Perspective
The representation of women in the judicial branch
Is Federalism Gendered? Incorporating Gender into Studies of Federalism
Where do Women Stand? New Evidence on the Presence and Absence of Gender Equality in the World's Constitutions
Women's Movements and Constitution Making after Civil Unrest and Conflict in Africa
Update on the Women's Movement in Botswana
What is wrong with a woman being chief?' Women Chiefs and Symbolic and Substantive Representation in Botswana
Gender Gaps in Political Participation Across Sub-Saharan African Nations
Rights at work
Effects of Matrimonial Causes Legislation in Botswana
Feminism and Social Democracy in Botswana
The Constitutuional Protection Against discrimination In Botswana
Towards Juristocracy
Women and Democracy
Women's Mobilization and Gender Outcomes in Transitions to Democracy
A Politics of Difference versus a Politics of Equality
A Conspiracy of Women
Parliament is another terrain of struggle
"Bad Future Things" and Liberatory Moments
Coalition Building, Election Rules, and Party Politics
Beyond Inequalities
Gendered Citizenship
Emang Basadi (Botswana)
| Unique citing works | 17 |
|---|---|
| Citations per year | 1,13 |
| Citation span | 2011 - 2024 (14) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 17 |