Feminist Judgments

  1. Marco Evola
  2. Ivana Krstić
  3. Fuensanta Rabadán
Book:
Gender-Competent Legal Education
  1. Dragica Vujadinović (ed. lit.)
  2. Mareike Fröhlich (ed. lit.)
  3. Thomas Giegerich (ed. lit.)

Publisher: Springer Suiza

ISBN: 978-3-031-14359-5

Year of publication: 2023

Pages: 143-181

Type: Book chapter

Abstract

The chapter discusses how the lack of gender knowledge and approach in judicial decision-making can influence the decision and the result of the case. Particular emphasis is given to the role of gender stereotypes and how gender stereotypes bias the working of the bench and the outcome courts achieve. Feminist judgments projects that have been developed worldwide demonstrate that judging is gendered, and women make a difference in the decision-making process. The rising number of women judges makes the bench more representative, although they face many constraints preventing them from asking the woman question. The analysis of the essential features of rewriting judgments in a gender perspective highlights that feminist judgments could contribute to the enhancement and spreading of gender competent legal knowledge.