Gender Discrimination under EU and ECHR Law: Never Shall the Twain Meet?

This article discusses the discrepancies between the jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ) on gender discrimination. The author finds that the European Convention on Human Rights and the EU primary and secondary legal provisions address gender discrimination differently. The author argues for greater systemization of the two frameworks in order to avoid jeopardizing the legal coherence around gender discrimination. An increased interplay will also function as a method of enhancing EU social law and European human rights law generally.

Samantha Besson, Gender Discrimination under EU and ECHR Law: Never Shall the Twain Meet? (2008) 8:4 Oxford Human Rights Law Review 647.