Stereotyped recognition : trans identities and conceptions of gender in the European Court of Human Rights’ jurisprudence
Stereotyped recognition : trans identities and conceptions of gender in the European Court of Human Rights’ jurisprudence
Date
2021
Authors
Hansen, Caroline
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Abstract
In the past decades, international instruments and human rights courts have set out to eliminate
gender stereotyping. The topic of elimination of gender stereotypes has been particularly
present in the area of gender equality.
As trans people are increasingly gaining recognition, it must be ensured that legal gender
recognition does not occur through reliance on gender stereotypes, which bears the risk of
undermining the goal of eliminating gender stereotypes. However, gender stereotypes often
appear in case-law related to the gender identity of trans persons.
This thesis aims to compare the European Court of Human Rights’ (ECtHR) approach to gender
stereotypes in the context of gender equality and gender identity cases, to analyse whether it
avoids relying on gender stereotypes and condemns such reliance when it occurs. The thesis
further analyses whether the ECtHR should be consistent in its approach to gender stereotypes
in gender equality and gender identity cases, and how it could achieve such a goal.
This analysis reveals that both gender equality and gender identity cases contain a number of
gender stereotypes despite the ECtHR’s commitment to their elimination, with the gender
stereotypes relied on in gender identity cases being disproportionately left unaddressed. Where
gender stereotypes may aid in the recognition of certain trans persons, and hinder the
recognition of others, this thesis questions the potential value of gender stereotypes and the
risks associated with judicial reliance on them.
Description
Second semester University: Utrecht University
Keywords
gender,
equality,
European Court of Human Rights,
gender identity,
transgender