Constitutions and Gender Equality in Chile and Argentina

Abstract

Gender equality provisions have become nearly standard in constitutional design for new democracies. How do such provisions affect the ability of women’s rights advocates to achieve social change? To address this question, we compare the political use (legislation, policy, and judicial interpretation) of these provisions in Chile and Argentina, countries that differ with respect to how they have constitutionalised gender rights. The comparative analysis demonstrates how gender-specific constitutional provisions provide a legal basis and legitimacy for women’s rights advocates to advance new policy, protect policy gains, and pursue rights-based cases through the courts.