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Gender and Sexuality under Romania’s 1991 Constitution: between marginalization and public participation (2020-2021)

Field of study: Law

This working paper aims to scrutinize the 1991 Constitution from the perspective of gender and sexuality. To contextualize the analysis, the paper first discusses the status of gender and sexuality in the previous constitutions of Romania. Then, the paper moves on to questions of gender and sexuality under Romania’s current Constitution since its drafting in 1990 until July 2021, the time of writing. In particular, the paper looks at gender‑ and sexuality‑related matters of constitution‑making, constitution‑drafting and constitutional adjudication in post‑communist Romania. Overall, the paper argues that gender and sexuality have progressed from being marginal issues under Romania’s Constitution to being the subject of serious contestation on the constitutional front, attracting important public attention and participation.

Keywords: gender and the law, Romanian Constitution, the Romanian Constitutional Court, sexuality, LGBT+ rights, women’s rights, gender equality in Romania

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