Constitutional Negligence and Gender Constitutionalism
Katarzyna Łakomiec, Barbara Grabowska-Moroz
17 June 2026
One of the major lessons of the rule of law backsliding is that the erosion of legal remedies (and capture of independent institutions) will, sooner or later, undermine effective fundamental rights protection. And even though women’s rights are probably not the first thing that comes to mind when talking about the rule of law, they turned out to be the litmus test for harms caused by the rule of law backsliding.
That is why it is worth analysing the effectiveness of the post-2023 restoration of the rule of law in Poland, focusing specifically on what was visibly undermined by the populists: women’s rights. We argue that the pre-populist negligence in recognising and interpreting the constitutional status of women’s rights made it easier for populists to attack women’s rights and replace them with an ‘interest of the family’.
Continued: https://verfassungsblog.de/hungary-poland-illiberal-womens-rights/