Goldblatt, Beth, Social and Economic Rights and Gender in Constitutions (August 8, 2016). Draft Chapter in ‘Gender and Constitutions Handbook’ edited by Helen Irving, Published by Edward Elgar Publishing, 2017 Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2819905

“Social and economic rights that offer to address poverty have special significance for women who, as a group, are disproportionately disadvantaged by poverty. But broad anti-poverty measures will not necessarily overcome gender stratifications amongst the poor unless they target this inequality concurrently. This means that social and economic rights, as the guarantors and enablers of such measures, must themselves be interpreted and developed to ensure that they take account of gender.The chapter begins with an examination of the origins, nature and prevalence of social and economic rights (Part 1). It then explores the arguments for understanding social and economic rights in gender terms and considers different ways in which this might occur (Part 2). The chapter then discusses different constitutional and jurisprudential approaches to social and economic rights as they relate to gender issues (Part 3). Part 3 considers both justiciable and aspirational social and economic rights. It also examines other constitutional rights such as the rights to equality and the right to life that have been used to claim women’s social and economic rights, as well as specific women’s rights included in some constitutions, that require states to meet the social and economic rights of women. It also notes the incorporation of international law dealing with women’s social and economic rights via some domestic constitutional provisions. The conclusion, in acknowledging that some constitutions provide limited social and economic rights for women, points to alternative and complementary strategies to address these gaps. It also suggests new challenges for scholarship and other engagement in the area of women’s social and economic rights.”