Do constitutions take at least one approach to gender equity?



 

This map tells us whether nations take at least one approach to protecting gender equity in their constitution.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

  • Approaches to gender equity include prohibitions of discrimination against women, guarantees of equal rights, guarantees of equality before the law, and guarantees of overall equality for men and women.
    1. Prohibition of discrimination refers to a general protection against discrimination (e.g. “No one may be discriminated against on the basis of gender”).
    2. Equal rights refer to a guarantee of being able to enjoy rights granted in the constitution (e.g. “Men and women enjoy equal rights”).
    3. Equality before the law refers to a guarantee of equal protection before the law (e.g. “All persons are equal before the law regardless of their sex”).
    4. Equality refers to a guarantee of a general right to equality or equal opportunities (e.g. “The State guarantees equality between men and women”).
  • No, none means that the constitution does not explicitly mention the right to equity for all men and women. This does not mean that the constitution denies this right, but that it does not explicitly include it.
  • General equity guaranteed means the right to equity is guaranteed for all citizens, but not specifically on the basis of gender.
  • Aspirational means that the constitution protects the general right to gender equity but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to protect or promote gender equity.
  • Guaranteed with exceptions includes cases where individuals can be treated differently on the basis of gender for specified reasons, for example, where equality is guaranteed, except when the law “takes due account of physiological differences between persons of different sex or gender.”
  • Guaranteed means that the constitution protects the right to gender equity in authoritative language. For example, constitutions in this category might guarantee citizens’ right to gender equity or make it the State’s responsibility to ensure gender equity.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This is a measure or measures that may be taken to compensate for past discrimination or current inequalities on the basis of gender. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action for women”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote women’s equality, in order to address past discrimination against them”).