The Shifting Boundaries of Equality: From «Sex» to «Gender» in EU Law

Abstract: The essay traces the evolution of EU anti-discrimination law from a binary notion of «sex» to a broader understanding of «gender». While the Treaties largely retain the language of equality between women and men, the ECJ increasingly treats disadvantage as stemming from socially assigned roles and expectations, not biology alone. This reading is strengthened by international standards and case law (ECHR, CEDAW, the Istanbul Convention and ILO Convention No. 190, together with ECtHR) showing convergence towards a socially constructed and more inclusive concept of «gender» in EU law.

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