This article problematises the gendered dimension of litigation in EU equality case-law.Relying
on feminist readings of Bourdieu’s concept of capital,it introduces the notion of gendered capital
as an explanatory framework to illustrate and evaluate the distinct experiences between women
and men litigants in the legal field. The ...
This article problematises the gendered dimension of litigation in EU equality case-law.Relying
on feminist readings of Bourdieu’s concept of capital,it introduces the notion of gendered capital
as an explanatory framework to illustrate and evaluate the distinct experiences between women
and men litigants in the legal field. The article puts this framework to the test by undertaking
a macro-level mixed-methods study of 352 preliminary references on EU non-discrimination
law, drawing on the Equality Law in Europe: A New Generation database. The findings confirm
the plausibility of this framework, with gendered capital varying depending on the period when
and the Member State where the case was lodged, as well as on the ground of discrimination
raised. As a result, by looking at the role of litigants’ gender in EU equality case-law, this article
joins the emerging field of mixed-methods studies offering novel insights into the effectiveness
of judicial decision-making.
