Gender and Constitutionalism: A Multifunctional Perspective

Constitutions perform multiple functions. One of the least explored functions is their gender ordering function, consisting in establishing the basis for the definition and organization of the relationship between genders as part of the structure of the social and political system they help configure. This order becomes fully visible only when we accord due relevance to the way constitutions (explicitly or implicitly) shape the organization of sexual and reproductive labor. Characterizing it also requires assessing all the other functions that constitutions perform, as they contribute to the configuration of a gendered public sphere. With a look to the various constitutional functions that are briefly described at the outset, the article describes the progressive subversion of an original exclusionary gender order and the potential and conditions for advancing toward a gender order in which women and gender-nonconforming citizens can finally enjoy equal individual autonomy and join collective self-governance in equal terms.