This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify ‘opportunity structures’ to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study.
The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people.
The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.
1. Gender Constitutionalism in Asia: A Comparative Framework, Ruth Rubio-Marín (University of Sevilla, Spain), Wen-Chen Chang (National Taiwan University), Mara Malagodi (University of Warwick, UK) and Kelley Loper (University of Hong Kong) 2. Achievements and Challenges of Japan’s Gender Constitutionalism: Consolidating Constitutional Law and International Human Rights Law, Akiko Ejima (Meiji University, Japan) 3. Gender, Sexuality and Constitutionalism in Taiwan: A Successful Story in the Cooperation between the Women’s Movement, the Constitution and International Human Rights, Wen-Chen Chang (National Taiwan University) 4. Gender, Sexuality and Constitutionalism in Hong Kong, Kelley Loper (University of Hong Kong) 5. Gender Equality, Individual Empowerment and Constitutional Rights Review: South Korea’s Dynamic Development, Yoon Jin Shin (Seoul National University, South Korea) 6. Gender and Constitutionalism in Malaysia, Dian AH Shah (National University of Singapore) 7. Gender Equality in Singapore: Whither the Constitution? Daryl WJ Yang (University of California, USA) and Jaclyn L Neo (National University of Singapore) 8. Gender, Sexuality and Democratic Constitutionalism in the Philippines, Bryan Dennis G Tiojanco (University of Tokyo, Japan) 9. Gender and Constitutionalism in Indonesia, Simon Butt (University of Sydney, Australia) 10. In Search of Principle: 70 Years of Gender Jurisprudence in India, Gautam Bhatia (New Delhi, India) and Shreya Atrey (University of Oxford, UK) 11. Gender, Sexuality and Constitutionalism in Nepal, Mara Malagodi (University of Warwick, UK) 12. Constitutionalism and Gender in Pakistan: A Counter-patriarchal Struggle, Sadaf Aziz (Lahore University of Management Sciences, Pakistan), Angbeen Atif Mirza (Lahore University of Management Sciences, Pakistan) and Cristóbal Alvear-Garijo (Universidad de Sevilla, Spain) 13. Women, Gender and the Constitution in Sri Lanka, Mario Gomez (International Centre for Ethnic Studies, Sri Lanka)
Wen-Chen Chang is Distinguished Professor of National Taiwan University College of Law and Joint-Appointment Professor at National Yang Ming Chiao Tung University School of Law, Taiwan. Kelley Loper is Associate Professor and Director of the LLM in Human Rights Programme in the Faculty of Law at the University of Hong Kong, Hong Kong. Mara Malagodi is Reader in Law at the School of Law, University of Warwick, UK. Ruth Rubio-Marín is Professor of Constitutional Law at the University of Sevilla, Spain, and Adjunct Professor at the School of Transnational Governance, European University Institute, Italy.
