Gender and constitutionalism in the European Union

Abstract

This chapter considers the contribution made by the EU in addressing gender issues and tackling gender inequality through an examination of the core EU provisions designed to remedy inequality. Section 9.1 outlines the initial competence in this area, premised upon the EU (or European Economic Community as it was known originally in 1957) as a ‘common market’ and the subsequent enlargement or ‘spill-over’ of competences into further policy areas which have impacted upon women and their right to equality. Section 9.2 considers the turn towards a consideration of the core values and fundamental rights now enshrined within EU law and the move from what might be called a ‘discrimination’ approach to a more ‘fundamental rights’ approach to equality issues. This section will address the EU’s relationship with the broader system of human rights protection in Europe – the European Convention on Human Rights (ECHR) – a complicated relationship that has hinged upon the inclusion of ECHR case law in the jurisprudence of the Court of Justice of the European Union (CJEU) and more recently an (as yet unsuccessful) attempt to enable the EU to become a signatory to the Convention. Finally, section 9.3 moves on to offer a gender perspective on the citizenship rights offered under EU law.