Article en détail     N° 2017/110    Page : 265
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Woman in the European Court of Human Rights’ case law

Maître de conférences à l’Université de Montpellier
I.D.E.D.H. (E.A. 3976)

The European Court of Human Rights has undeniably developed and assumed a specific protection of some groups of people such as the persons who have been deprived of their liberty and the ethnic minorities. But the question whether a specific protection of women as a group exists in the European case law can be raised. While some situations of vulnerability justify a specific praetorian approach in favour of women, other hypotheses, no less difficult, are dealt with in a strangely neutral manner by the Court. The challenge for the European judge is to guarantee an equal treatment of men and women. Itis thus necessary to consider whether the Court should combine or not a liberal approach requiring the neutrality of human rights with a cultural approach requiring an adaptation of the rights.