Constituting and Reconstituting the Gender Order in Europe

Abstract

The existence of a European gender order is intrinsically connected with the creation and development of the European Union. The construction of this order – a combination of values, laws and practices seeking to give effect to gender equality – is contested at both supranational and nation-state levels. This article takes Ostner and Lewis' ‘two needles eyes' thesis to discuss the European and national constraints on the adoption of and compliance with the directives that constitute the ‘hard law’ of this transnational gender order. It examines the evolution of the legal order on gender equality, noting that the Amsterdam Treaty ushered in a more expansive context for the application of gender norms and practices. It also explores the extent to which member states have been open to the Europeanization of national gender regimes. It finds that challenges continue to exist at European and domestic levels to the extension, and implementation, of laws, policies and practices facilitating gender equality. It also finds, though, that the pattern of compliance in the Eastern enlargement countries is not out of step with the implementation patterns in older member states, even though social conditions are very different. In general, the study concludes that although the context for the construction of a gender order in Europe has changed, supranational and national challenges to gender equality persist.