The missing arc of a backlash? Thirty years of constitutional debate on ‘women’s equality’ in Hungary

Q3 Arts and Humanities
Lídia Balogh, Tímea Drinóczi
{"title":"The missing arc of a backlash? Thirty years of constitutional debate on ‘women’s equality’ in Hungary","authors":"Lídia Balogh, Tímea Drinóczi","doi":"10.17356/ieejsp.v8i4.969","DOIUrl":null,"url":null,"abstract":"The argumentation in this paper is based on the proposition that constitutions play a key role in defining the approach to women’s social status, not just by determining ordinary legislation and public policy, but also through constitutional review. The focus is on Hungary, a country that is not famous in Europe for a high level of equality between men and women, surrounded by a (liberal) international political discourse which asserts a backlash and claims that women’s equal rights are being curtailed even more during the era of Orbán’s illiberal government. Against this discursive backdrop, the paper highlights a counterintuitive phenomenon: since the democratic transition (1989–1990) all the key constitutional disputes related to equality between the sexes have been initiated by men claiming instances of discrimination against men, as if women were too privileged in Hungary. A relevant contextual feature is that while equal legal standing for the sexes is guaranteed (due partly to the heritage of state socialism, then to efforts related to EU integration), affirmative measures for women are also constitutionally ensured. The Constitutional Court has deployed surprisingly poor-quality reasoning in these disputes, suggesting that it never considered equality between the sexes to be an important issue. This leads us to claim that certain persistent features have characterized this field since the 1990s, not the dynamics of reversal since the 2010s. With our empirical findings, we aim to contribute to the academic discourse in a way that challenges the backlash narrative regarding developments in Hungary from a specific perspective.","PeriodicalId":31153,"journal":{"name":"Intersections","volume":"14 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Intersections","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17356/ieejsp.v8i4.969","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0

Abstract

The argumentation in this paper is based on the proposition that constitutions play a key role in defining the approach to women’s social status, not just by determining ordinary legislation and public policy, but also through constitutional review. The focus is on Hungary, a country that is not famous in Europe for a high level of equality between men and women, surrounded by a (liberal) international political discourse which asserts a backlash and claims that women’s equal rights are being curtailed even more during the era of Orbán’s illiberal government. Against this discursive backdrop, the paper highlights a counterintuitive phenomenon: since the democratic transition (1989–1990) all the key constitutional disputes related to equality between the sexes have been initiated by men claiming instances of discrimination against men, as if women were too privileged in Hungary. A relevant contextual feature is that while equal legal standing for the sexes is guaranteed (due partly to the heritage of state socialism, then to efforts related to EU integration), affirmative measures for women are also constitutionally ensured. The Constitutional Court has deployed surprisingly poor-quality reasoning in these disputes, suggesting that it never considered equality between the sexes to be an important issue. This leads us to claim that certain persistent features have characterized this field since the 1990s, not the dynamics of reversal since the 2010s. With our empirical findings, we aim to contribute to the academic discourse in a way that challenges the backlash narrative regarding developments in Hungary from a specific perspective.
缺失的反弹弧线?匈牙利关于“妇女平等”的三十年宪法辩论
本文的论证基于这样一个命题,即宪法在确定妇女社会地位的途径方面发挥着关键作用,不仅通过确定普通立法和公共政策,而且还通过宪法审查。焦点是匈牙利,这个国家在欧洲并不以男女平等程度高而闻名,被一种(自由主义的)国际政治话语所包围,这种话语主张强烈反对,并声称在Orbán的非自由主义政府时代,妇女的平等权利受到了更多的限制。在这种话语背景下,本文强调了一个违反直觉的现象:自民主转型(1989-1990)以来,所有与两性平等有关的关键宪法争议都是由男性发起的,声称男性受到歧视,就好像女性在匈牙利享有太多特权一样。一个相关的背景特征是,虽然男女平等的法律地位得到了保障(部分原因是国家社会主义的传统,然后是与欧盟一体化有关的努力),但妇女的平权措施也得到了宪法的保障。宪法法院在这些争议中采用了令人惊讶的低质量推理,表明它从未将两性平等视为一个重要问题。这导致我们声称,自20世纪90年代以来,某些持续的特征一直是该领域的特征,而不是自2010年代以来的逆转动态。根据我们的实证研究结果,我们的目标是为学术话语做出贡献,从特定的角度挑战有关匈牙利发展的反弹叙事。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
Intersections
Intersections Arts and Humanities-Literature and Literary Theory
CiteScore
0.10
自引率
0.00%
发文量
4
审稿时长
20 weeks
期刊介绍: Intersections is a peer-reviewed series on interdisciplinary topics in early modern studies. Contributions may come from any of the disciplines within the humanities, such as history, art history, literary history, book history, church history, social history, cultural history, and history of ideas. Each volume focuses on a single theme and consists of essays that explore new perspectives on the subject of study. The series aims to open up new areas of research on early modern culture and to address issues of interest to a wide range of disciplines.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信
小红书