engleski

Gender Equality Jurisprudence of the European Court of Human Rights

The article analyes the Court's approach to gender equality by analysing sex discirmination jurisprudence under Article 14 of the Convention, and the application of the principle of gender equality in the "Islamic headscarf" cases. It criticises the Court's conceptualisation of discrimination as formalistic, and hence impotent in challengings tructural disadvantage, and the Court's application of the principle of gender equality in the "Islamic headscarf" cases as paternalistic and insensitive to intersectionality of discrimination. The article proposes the conceptualisation of equality as challening (muliple and intersectional forms of) disadvantage.

gender equality; sex discrimination; margin of appreciation; headscarf cases; disadvantage approach

nije evidentirano