Does gender equality constitute one of the ‘underlying values of the ECHR’ in the light of Article 17 ECHR?

Abstract

The main aim of this article is to answer the question whether gender equality actually constitutes one of the “underlying values of the ECHR” through the lens of Article 17 ECHR. Examining this issue requires taking into account the changing paradigm of militant democracy. The hypothesis posed by the author is that, despite the formal declarations of the European Court of Human Rights (ECtHR), gender equality does not alone justify the application of abuse clause. Moreover, this research claims that, due to its adverse impact on the rule of law principle, Article 17 ECHR is not an appropriate remedy to protect gender equality. The research relies on the analysis of the relevant ECtHR’s rulings on Article 17 ECHR.

Keywords

• Article 17 ECHR
• European Convention on Human Rights
• gender equality
• militant democracy
• Islam
• European Court of Human Rights