Ruth Rubio-Marín

Human rights and immigration

Introduction 1. Human Rights and Immigration at Sea 2. Are Refugee Rights Human Rights? An Unorthodox Questioning of the Relations between Refugee Law and Human Rights Law 3. The Asylum/Convention Refugee Process in the United States and Canada 4. Italy and Unauthorized Migration: Between State Sovereignty and Human Rights Obligations 5. The Labour and Social Rights of Migrants in International Law 6. Integration in Immigrant Europe: Human Rights at a Crossroads 7. Residence as de facto Citizenship? Protection of Long-Term Residence under Article 8 ECHR 8. Migration, Gender and the Limits of Rights

The Gender of Constitutional Jurisprudence: Introduction: Toward a Feminist Constitutional Agenda

Women around the world increasingly resort to constitutional litigation to resolve controversies involving gender issues. This litigation has involved claims for political participation, freedom from discrimination and violence, sexual and reproductive rights, employment and civic rights, matrimonial and familial autonomy, as well as other social and economic rights. For the most part, constitutional law scholars have analyzed this jurisprudence doctrinally, confining their research mainly to individual flashpoint issues such as abortion or affirmative action. Such studies are usually framed by national boundaries; and, when comparative, their reach is often limited to a small number of countries sharing the same legal tradition. This explains the need for a feminist analysis of constitutional jurisprudence in which gender becomes the focal point and for a broader comparative constitutional law approach that encompasses both of the world’s major legal traditions. Those are the focal points of this book. Not long ago a feminist constitutional law scholar asked: “Can constitutions be for women too”?1 Cognizant of the dangers of overgeneralizing about women’s experiences and concerns, she was cautious about responding affirmatively. Nevertheless, her message was clear. Although womenmay be un-, or under-, represented among the ranks of those who draft domestic constitutions, we are not entirely without constitutional agency. Whether constitutional language adverts or not to women, we still advance claims for constitutional rights. And, despite legal theory’s conventional assumptions about defining constitutionalism as “the relationship among a constitution’s authority, its identity, and possible methodologies of interpretation,”2

Aborto em Portugal: novas tendências no constitucionalismo europeu

RUBIO-MARIN, RUTH. ABORTION IN PORTUGAL: NEW TRENDS IN EUROPEAN CONSTITUTIONALISM. IN: COOK, REBECCA J.; ERDMAN, JOANNA N.; DICKENS, BERNARD M. ABORTION LAW IN TRANSNATIONAL PERSPECTIVE: CASES AND CONTROVERSIES. PHILADELPHIA: UNIVERSITY OF PENNSYLVANIA PRESS, 2014, P. 36-55.

Women in Europe and in the world : the State of the Union 2016

Building on the definition of oppression developed by the philosopher Iris Young, the article argues that women in Europe are an oppressed group. Relying on recent statistics, it points out that a high percentage of women are still subject to gender violence; economically exploited and marginalized; powerless with regard to governance and participation in the public sphere, as well as victims of androcentrism—a pattern of cultural evaluation which seriously undermines women’s potential for development. The article then shows how this state of affairs has worsened over the last years, under the effects of the financial and economic crisis, and the austerity policies with which the European states have responded. Finally, it singles out two possible future scenarios. If the current neo-liberal trends persist, we can expect a move towards societies more polarized in terms of class and ethnicity; low fertility rates; and an increasing poverty of those most in need of care and in charge of care provision. The crisis could instead be perceived as an opportunity to diverge from this prevailing neo-liberal model, calling for a new, inclusive, societal model of development—a new humanism which puts the person, in her whole complexity and in her very real care dependent nature, at the very core of the political and economic project.

Introduction: Transition to Modernity, the Conquest of Female Sufffrage and Women’s Citizenship

This book intends to respond to the questions by casting a look at the articulation of womens sufffrage rights in all of the countries that today make up the European Union. It aims to tease out numerous levels of cross-country diffferences and similarities in womens accession to the vote. The stories in this book illuminate the role that female sufffrage has played in the construction of female citizenship, and the place female sufffrage and female citizenship occupy in working notions of citizenship. The book provides a retelling of the story of how citizenship was gradually coined in Europe, first nationally and then supra-nationally, from a womans perspective. This book is full of examples of how womens nature and likely behaviour, as well as the prioritization of other political causes, had an impact on both when female sufffrage was recognized and whose actions ended up being mainly responsible for it. Keywords:Citizenship; European Union; Female Sufffrage; political causes

The Gender of Constitutional Jurisprudence: Gender Equality from a Constitutional Perspective: The Case of Turkey

Turkey, a bridge connecting Asia and Europe, occupies the geographic border zone between two vastly different regions of the world: the East and the West. This gives Turkey a unique position, as it has cultural, social, and legal characteristics of both regions and tries to achieve the values of both in its current search for identity. This makes it difficult and puzzling to evaluate the status of women in Turkey.