Journal Citation:
20(1) DUKE JOURNAL OF COMPARATIVE & INTERNATIONAL LAW, 133-165 (2009)
Lucas examines the impact of
constitutional provisions that grant and
protect rights for women in promoting
gender equality. She focuses on the
experiences of Canada and Colombia, both
who adopted an enforcement mechanism for
their women's rights protection clauses.
She argues that three lessons can be drawn
from the case studies. First, drafters
should continue to include women's
protection clauses in constitutions. At
minimum, protection clauses do not have a
negative effect on women's rights, and
rather ensure appropriate legal
protection. Second, the format of women's
protection clauses ought to be considered
relative to existing gender inequality and
trust in the judiciary. For example, a
judiciary more likely to enforce women's
rights may be more suited to clauses
requiring interpretation. Third, women's
protection clauses are insufficient to
secure women's rights. An active approach
must be taken to achieve gender equality
including participation of feminist
organizations, and effective enforcement
mechanisms.