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Women’s Participation in Constitution-Making Processes in Post-Conflict Countries

Conflict Resolution
Constitutions
Democracy
Gender
Governance
Human Rights
Women
Tayná Morais
Graduate Institute of International and Development Studies
Tayná Morais
Graduate Institute of International and Development Studies

Abstract

The constitutional process plays an important role in peaceful political transitions and is a central component of post-conflict peacebuilding. The drafting of a constitution encompasses a debate on important and sensitive issues, which leads to lasting consequences for the state and its citizens. Hence, the way a constitution is produced, not only its content, is highly significant for the country’s future. As constitution-making process is moving towards greater popular participation, citizens are demanding involvement in the process before, during, and after the document is adopted. Comprehensive public participation leads to a higher likelihood that all stakeholders will have a voice in the constitutional process, which is particularly relevant in a post-conflict setting. With this in mind, to develop a deeper assessment of constitution-making process, this paper analyzes women’s participation in the constitutional design in post-conflict scenarios. Firstly, the constitutional process in post-conflict countries is presented, in order to underline that it can foster social reconciliation and the promotion of human rights. Secondly, the importance of integrating a gender perspective into peacebuilding is addressed, focusing in the role played by women in the constitution-making process. Lastly, the explicit endorsement of women’s rights in the constitutions of post-conflict settings is studied, with the aim of stressing that a new constitution is just a starting point and not an end in itself in the roadmap towards concrete improvements to women’s lives.