ILA Seminar Series: Gender Equality and the Strasbourg Court's Case-Law

Judge Ivana Jelic, European Court of Human Rights, Gender Equality and the Strasbourg Court’s Case-Law: Certain Ongoing Issues

As one of the pillar principles of the European Convention on Human Rights, gender equality is present in almost all provisions protecting fundamental human rights and freedoms. However, the Strasbourg Court’s case-law concerned is still under its development, in particular regarding protection from indirect discrimination in relation to violation of fundamental human rights. By applying a living instrument doctrine, the Court keeps track with the present-day conditions of every case, thereby contributing to the feminist justice.

The presentation aims to discuss developments, achievements and challenges in gender equality protection by the Court. Having in mind certain ongoing issues, the most important gender sensitive judgments would be presented, in particular those regarding gender based violence and reproductive rights, with focus on abortion and legal motherhood in surrogacy cases.