Towards Substantive Equality in Iranian Constitutional Discourse

Abstract

This paper discusses to what extent, if any, recent street uprisings in Iran have been fuelled by gender inequalities; and, what the legal challenges of transforming such gender equality demands into the constitution are. I argue that a demographic transition that commenced two decades ago in Iran changed the status of women in family and society. Such a transition has unavoidably increased the presence of women in the public sphere and challenged gender presumptions within the law. To give a constitutional response to such demands, I argue, the Iranian Constitution must re-examine the correlation between women and men as biological and/or social groups, and the relationship among women themselves as a group consisting of diverse identities. Moreover, equal attention must be paid to women’s norm, diversity, and agency.