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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Gender Discrimination

Jimena Suarez Ibarrola, Gautam Bhatia

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Gender discrimination — Equality

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1In ordinary language, ‘gender’ is a complex word that carries multiple meanings. It is often contrasted with the word ‘sex’, which is taken to refer to a biological reality. Gender, on the other hand, is understood as the ‘social construction of sex’—although this understanding has itself been challenged (Mikkola). Historically, ‘gender discrimination’ has operated through the construction of stereotypes, which have been used to justify denial of access to equal rights in public and private spheres (‘direct discrimination’), or to shape public and private spheres...
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