The legal construction of women's citizenship

The legal construction of women's citizenship is examined here by analyzing their legal status in general, in correlation to their social situation in Chile. The specific legal status of women as subjects of law, in particular of citizens, is different from men, which complies with the normative standard of hegemony. While women have achieved minimal civil and political rights, the persistent legal manifestations of their discrimination through arbitrary exclusions, the reproduction of gender stereotypes in legal norms and a biased application of the law could be understood as part of a constitutive logic of public law that reproduces the lower legal status of women. Modern constitutional theories fail to find a satisfactory response to the specific phenomenon of gender discrimination in the exercise and ownership of citizenship. Progress and setbacks are identified as a result of the historical shift of a gender perspective in the construction of legal subjects in constitutional law.