The Constitutional Recognition of Gender Equality. A Historical Comparative

How does the constitutional recognition of gender equality evolve, and which factors contribute to the inclusion these provisions in constitutions? While issues of gender equality are part of an ever-growing research agenda, the constitutional implementation of concrete legal provisions presents an enduring puzzle. In particular, the conditions that lead to the inclusion of these rights and the diversification of legal provisions organizing them are a frequent yet rarely studied phenomenon. To test the theoretical expectations, this article draws on a comprehensive dataset of constitutional design processes analyzing the occurrence of gender equality provisions since its first appearance on the constitutional stage in 1920. The results show that both international as well as domestic factors influence the inclusion of these rights, yet their importance varies significantly depending on the historical and regional context of the constitution making process.