非洲宪法改革中的妇女权利与关键节点(1951-2019)

Women’s rights and critical junctures in constitutional reform in Africa (1951–2019)

African Affairs · 2021
被引 8
ABS 3

中文导读

分析了1951至2019年非洲各国宪法改革数据,发现妇女权利条款在独立后、1990年代政治开放、内战结束和2011年阿拉伯起义后四个关键节点集中增加,妇女运动利用政治契机推动了全球领先的宪法改革。

Abstract

Abstract Women’s rights are being enshrined in African constitutions today to an unprecedented extent. African countries have on average more constitutional provisions addressing women’s rights than any other region of the world. This longitudinal cross-national study shows that constitutional reforms in African contexts are increasingly evident in the areas of gender equality, customary law, discrimination, violence against women, gender quotas, and citizenship rights, and they sometimes reflect gender-inclusive language. By analysing a novel data set of constitutional reforms across all African countries over 68 years (1951–2019), this article identifies four critical junctures when the adoption of women’s rights reforms arose, namely (i) after independence, particularly in Muslim-majority countries; (ii) after political opening in the 1990s; (iii) after the end of major civil conflicts; and (iv) after the 2011 Arab uprisings. At each juncture, women’s movements capitalized on political openings to advance constitutional reforms that are unmatched on a global scale. This article goes beyond the existing explanations of cumulative gains, international influence, diffusion, learning, and borrowing to show that a ‘critical junctures’ approach may help explain when, why, and how women’s rights reforms occur in constitutions.

政治学宪法改革妇女权利非洲研究