Abstract
This paper argues that some of the difficulties faced by gender equality in postsocialist Central and Eastern Europe (CEE) can be explained by a missing paradigmatic shift to a constructivist understanding of gender. Arguably the most explicit rejection of a constructivist gender perspective was recently served by the Bulgarian Constitutional Court’s judgment, closely analyzed in the paper, which found certain provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) incompatible with the Bulgarian Constitution. A constructivist analysis of gender-based violence is capable of offering a range of important contextual insights into gender-based violence, whereas those who only have biology in their analytical arsenal are more limited (for example, sexual predation is thus either an “innate” male sexual drive or a psychologically certifiable deviance). The Bulgarian Constitutional Court, as the paper shows, does not even get as far as debating the insights gender analysis offers, but rather rejects them wholesale merely because the term “gender” is used. While a constructivist, critical (feminist) understanding of gender is under attack globally, this paper shows that the assault is particularly grave in at least certain postsocialist CEE countries, where it is not a mere backlash against a reasonably well-established viewpoint, but a fierce ex ante rejection of a concept not yet understood or debated.
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CITATION STYLE
Havelková, B. (2020). The struggle for social constructivism in postsocialist Central and Eastern Europe. International Journal of Constitutional Law. Oxford University Press. https://doi.org/10.1093/ICON/MOAA048
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