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The Evolving Recognition of Gender in International and European Law
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0002-5947-3844
LUMSA Department of Law, Palermo, Italy.
Europa-Institut, Saarland University, Saarbrücken, Germany.
University of Belgrade, Faculty of Law, Belgrade, Serbia.
2023 (English)In: Gender-Competent Legal Education / [ed] Dragica Vujadinović; Mareike Fröhlich; Thomas Giegerich, Springer, 2023, p. 261-303Chapter in book (Refereed)
Abstract [en]

This chapter explains the development of international and European law from a gender perspective and describes how the process from a gender-neutral to a gender-sensitive approach was developed.

Since 1945 and the adoption of the UN Charter, the idea of achieving greater gender equality was merged into many international documents, including the first catalog of women’s rights—Convention on the Elimination of all Forms of Discrimination against Women. Many principal and subsidiary bodies were established, contributing to the elimination of gender discrimination and to awareness-raising on some critical issues which were an impediment to achieving gender equality. Twenty years ago, UN Security Council Resolution 1325 was adopted, due to a global effort to establish a platform as a foundation to national and international policies to ensure greater protection of women and girls, during and after, armed conflicts. International Humanitarian Law, enshrined in the Geneva Conventions, also has rules that specifically seek to protect women during armed conflicts. Also, International Criminal Law has been developed to recognize extreme forms of sexual violence as international crimes.

On the European level, under the auspices of the Council of Europe, several international conventions were adopted to achieve gender equality. One of the main instruments, the European Convention on Human Rights, provides broad protection from discrimination based on gender, established in a comprehensive jurisprudence of the European Court of Human Rights. The EU has a set of primary and secondary sources on anti-discrimination, which provides comprehensive protection from gender discrimination and serves as an inspiring model to States candidates and other European countries.

Place, publisher, year, edition, pages
Springer, 2023. p. 261-303
Series
Springer Textbooks in Law (SPTELA), ISSN 2509-999X, E-ISSN 2510-0009
Keywords [en]
International Public Law, International Humanitarian Law, United Nations, Council of Europe, European Union
National Category
Law
Identifiers
URN: urn:nbn:se:oru:diva-102903DOI: 10.1007/978-3-031-14360-1_8ISBN: 9783031143625 (print)ISBN: 9783031143601 (print)OAI: oai:DiVA.org:oru-102903DiVA, id: diva2:1723541
Note

Authors are listed in alphabetical order. Rigmor Argren authored Sects. 8.2.2–8.2.4 and Sect. 8.3; Marco Evola authored Sect. 8.6. Sections 8.1.3 and 8.5 are written by Thomas Giegerich and Ivana Krstić authored Sects. 8.1.2, 8.2.1 and 8.4.

Available from: 2023-01-03 Created: 2023-01-03 Last updated: 2023-01-03Bibliographically approved

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