As one of the pillar principles of the European Convention on Human Rights, gender equality is present in almost all provisions protecting human rights and freedoms. However, the concerned case-law of the Strasbourg Court is under its development. In general, the feminist justice is less developed than the growing need for the protection of women’s rights, insisting on personal integrity.
The presentation will deal with the importance of gender sensitive judgments, through presenting the case-law, principles applied, tackling both direct and indirect discrimination. Having in mind that the Court has gradually widened its approach concerning the protection of women’s rights, giving rise to a ‘living instrument doctrine’ by interpreting the Convention “in the light of present-day conditions”, the presentation will include also a legal-historical approach.
Judge Ivana Jelić was elected to the European Court of Human Rights with respect to Montenegro in 2018. Before joining the Court, she was a Professor of Law at the Law faculty of the University of Montenegro where she served two mandates as Vice Dean in charge of the international cooperation and academic mobility programme (2011 -2012 and 2015-2016). She was a member (2015-2018) and Vice-President (2017 to 2018) of the United Nations Human Rights Committee in Geneva, Switzerland. She held the post of Distinguished Visiting Professor - Mercator Fellow (2016 – 2017) at the Faculty of Law, Freie Universität Berlin in Germany. Judge Jelić is a graduate of the University of Belgrade and of the University of California in Berkley. She specialised in public international law and international human rights law at Bergen Law School in Norway, Columbia Law School in the USA, London School of Economics and Political Science in the UK, l’Université de Paris 2 – Assas and the Freie Universität in Berlin, Germany.