Equality Requirements in the European Judicial Area - Special Focus: Gender Discrimination

The following article shows that the principles of equality and non-discrimination have gradually become established in the legal order of the European Union, namely as part of a development process. The European Court of Justice has played a decisive role in ensuring the effective protection of these principles. Initially, these principles were only recognised in relation to employment and social security until, as their scope and field of application gradually expanded, they were finally made explicit in the Charter of Fundamental Rights of the European Union. Above all, the gender mainstreaming approach should be applied in all phases of the political decision-making process. Gender mainstreaming complements the traditional equality of women. However, the prohibition of gender discrimination can come into conflict with other rights and interests, meaning that restrictions to this prohibition may be justified.