Constitutional Roadmap for Women's Rights Protection In Constitutional Court Decisions

Abstract

The protection of women's rights in Constitutional Court (MK) rulings reflects an evolution in the constitutional interpretation of the principles of equality, non-discrimination, and substantive justice. However, this development has yet to be fully mapped into a framework that illustrates the patterns of constitutional argumentation and the trajectory for strengthening the protection of women's rights. This study aims to analyze the evolution of the Constitutional Court’s constitutional argumentation regarding the protection of women's rights and to formulate a "roadmap of constitutionality" based on trends observed in relevant rulings. This is a normative legal study employing statutory, case-based, and conceptual approaches. Legal materials were analyzed qualitatively through an examination of Constitutional Court rulings. The findings indicate that the protection of women's rights is reflected across various dimensions—ranging from the protection of rights within marriage to the enhancement of women's representation in political institutions. These trends are evident in Ruling Number 69/PUU-XIII/2015 concerning marriage agreements, Ruling Number 22/PUU-XV/2017 regarding the minimum age for marriage, and Ruling Number 169/PUU-XXII/2024 concerning women's representation within the internal bodies of the House of Representatives (DPR). Based on these developments, a "roadmap of constitutionality" has been formulated as a framework to map the relationships between constitutional argumentation, the dimensions of women's rights protection, and the direction for their further strengthening. This roadmap underscores the relevance of the principles of equality, non-discrimination, and substantive justice as a foundation for developing a more consistent and gender-responsive approach to the protection of women's rights.