We (Nosotras) the People: Women, Equality, and Parity in Latin American and Caribbean Constitutionalism

Constitutions do more than distribute public powers: they identify the political community, define the subjects of rights, and entrench the principles that legitimate public action. This article examines how twenty constitutional jurisdictions in Latin America and the Caribbean incorporate equality between women and men. It applies a qualitative comparative legal method to constitutional texts in force at the study cutoff date and codes six dimensions: constitutional language; equality as a foundational value or interpretive principle; formal equality; anti-discrimination guarantees; substantive equality and affirmative action; and parity or balanced representation. The findings reveal a layered but uneven process of constitutionalization. All texts recognize formal equality, but only ten expressly formulate equality between women and men, fifteen expressly include sex or gender within constitutional anti-discrimination protection, and six constitutionalize parity or balanced participation in public decision-making. Inclusive constitutional language and substantive-equality mandates are concentrated in a smaller group of texts. The article argues that constitutional equality should be assessed through four cumulative layers of constitutional depth: symbolic inclusion, status equality, transformative equality, and power-sharing equality. Latin American constitutionalism has generated notable innovations, particularly in parity democracy, yet constitutional design remains insufficient without enforceable duties, effective institutions, electoral safeguards, resources, and protection against political violence.