Who fits the stereotype?: gender discrimination within the ECHR

• Autor(a) principal: Queiroz, Benedita Menezes
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10400.14/43018
• topic: Gender equality; Human rights

This article argues that the way women are judicially perceived within the system of the European Convention of Human Rights (ECHR) impacts the achievement of gender equality. While, the European Court of Human Rights (ECtHR) plays an important role in dismantling harmful women stereotypes, the approach taken has not always been consistent or comprehensive in this analysis. The present article is divided in three main parts. The first part addresses the principle of non-discrimination on the grounds of gender and delves into the issue of gender stereotypes within the system of the Convention. At this stage the analysis focuses on landmark cases which made first visible gender stereotypes on the reasoning of the ECtHR, such as: Konstantin Marin v. Russia and Khamtokhu and Aksenchik v. Russia. The second part of this study argues that the Court did not shy away from applying the principle of anti-stereotyping. Yet, recent case law on sexual and reproductive rights shows that ECtHR missed the opportunity to address intersectionality in discrimination cases: Carvalho Pinto de Sousa Morais v. Portugal and G.M. and others v. Moldova. Finally, the article concludes by shedding light into the importance of equipping the Court with the tools to conduct a systemic effort. One that depends greatly on how judges’ approach the law and assess discriminatory measures and that requires an explicit intersectional dimension.