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Part VI Constitutional Theory, C Key Debates in Constitutional Theory, Ch.45 Feminist Constitutionalism in Canada

Beverley Baines, Ruth Rubio-Marin

From: The Oxford Handbook of the Canadian Constitution

Edited By: Peter Oliver, Patrick Macklem, Nathalie Des Rosiers

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 September 2022

This chapter examines the Canadian Constitution through feminist lenses. It proposes a feminist framework to evaluate constitutional law. Feminist constitutionalism aims to promote women’s agency and to protect their rights fully. Feminist constitutionalism examines women’s agency in constitutional law. It also examines critically the interpretation of traditional rights, the impact of constitutionally structured diversity, and the approach to equality rights. Feminist constitutionalism pays attention to the constitutional protection of women’s reproductive rights and sexual autonomy (domains of autonomy neglected by classical constitutionalism); it also aims to ensure women’s equal rights within the family, and to promote women’s socioeconomic development and democratic rights. This chapter develops the idea of feminist constitutionalism and uses this framework to evaluate critically some aspects of Canadian women’s constitutional experience.

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