The Portuguese democratic revolution of April 1974 initiated the third democratic wave (Huntington) and was crucial to dismantle the profound unequal structures prevailing under the authoritarian regime. However, the formal equalization process faced a slow change in social and political mentalities and was matched by incipient feminist movements. Unequal power structures thus persist(ed) long after the democratic turn. In this context, this presentation will focus on the role of the Portuguese Constitutional Court. It will engage with selected case law under a gender perspective and trace how and when the gender factor has impacted the rulings and the diachronic dynamics underlying this perspective.
In 1960, the Italian Constitutional Court stroke down a pre-fascist legislation preventing women from holding public positions by explicitly mentioning the violation of rights and the infringement of art. 51 of the 1948 Constitution stating gender equality this regulation entailed. Since then, constitutional judges have used a gender perspective in several cases in which gender equality was at stake.
Beside briefly recollecting the evolution of the concept of gender equality in Italy, the proposed paper discusses the constitutional case-law using a gender perspective, with specific reference to the adjudications concerning national and local electoral law and the rights of same-sex couples. The paper also frames this analysis in a comparative context in order to assess the Italian Constitutional Court’s inclination in adopting a gender perspective in its adjudication.
The promotion of gender equality is a common objective of international actors. They are increasingly developing instruments (report, survey, index, etc.) to document gender issues.
These instruments produce data that should inform legislators and policymakers and help them to provide more respectful and inclusive legal norms and policy standards. Judges are the other actors in the law. Classically, methods of legal interpretation founded judicial reasoning. This paper aims to present these policy instruments and investigate their potential in gender case law. First, it will outline two core concepts, which are legal reasoning and datadriven approach. Then, the use of data gender in a few case law will be presented. Finally, the risks and benefits of this approach in legal reasoning will be assessed.