Gender Sexuality And Constitutionalism In Asia

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.

This book brings together a group of innovative scholars examining the contemporary issue of effecting gender and sexuality justice in the context of Asia, consonant with engendering a just, equitable and sustainable development for all. These grassroots initiatives are woven through three complementary sections of the book: gender justice in Asia, sexuality justice in Asia, and finding resolutions through conflict. The book foregrounds strategies that aim to call out and challenge existing gender and sexuality injustices with regard to women and the LGBTIQA+ community by: assessing the efficacy of gender mainstreaming policies through micro-credit schemes for women in East Java, Indonesia; proliferating the signifiers of the hijab (veil) by postmodern Malay-Muslim women or ‘Hijabistas’ within the consumerist culture of Malaysia; making visible the injustices of the Syariah legal system for non-Muslim women, and ground-breaking legislation that could potentially recognise same-sex marriages in Thailand; privileging the narratives of gay women diplomats within the highly masculinised field of diplomacy in the Asia-Pacific region; foregrounding the narratives of Filipino gay men, intimate partner violence among young Indonesian Christian young people, masculine-identifying lesbians in Singapore, young LGBT people in rural Vietnam, and a Chinese-Muslim Malaysian female-to-male transgender person; and proposing new ways of becoming an inclusive church through the radical act of befriending persons living with HIV and AIDS in Southeast Asia. This book celebrates diverse and inclusive voices and strategies of gender and sexual agents of change in envisioning and bringing to fruition a just and transformative society for all. It is of interest to students and scholars researching gender and sexuality in areas of development studies, international relations, socio-legal studies, and literary studies.

In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.

This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.

In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.