Core Concepts of EU Gender Equality Law

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ID: 321410
2026
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Abstract
Abstract This chapter critically examines the key concepts underpinning EU gender equality law, as developed through CJEU case law and EU legislation. It starts by discussing sex, gender, and gender identity. It then turns to the main conceptualizations of equality, notably equal treatment, equal opportunities, and positive action. The chapter subsequently discusses the various forms of discrimination as recognized in EU law: direct and indirect discrimination, harassment, victimisation, discrimination by association, instruction to discriminate, and intersectional discrimination. The chapter lastly examines the concept of the comparator and the concept of worker. By tracing how these concepts have been interpreted and developed over time, the chapter provides a critical overview of what potential and limitations they offer to support structural change. The chapter argues that EU gender equality law remains largely anchored in a binary understanding of gender, reflects an ambiguous commitment to substantive equality, and struggles to address intersectional discrimination effectively. At the same time, the chapter identifies doctrinal openings within the existing legal framework which could further be developed to challenge structural gender inequality.
Reference Key
openalex_W7169496501 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Alexandra Timmer, Linda Senden, Susanne Burri
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198845256.003.0004
URL
https://doi.org/10.1093/law/9780198845256.003.0004
Keywords Keywords not found

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