Does Gender Specificity in Constitutions Matter?

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.