Human Rights, Gender Equality, and the Judge's Toolbox in the UK Supreme Court

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Abstract

This chapter investigates attention to gender equality in UK human rights case law. Drawing from, and adding to, the methodology of feminist judging, it examines the unique tools used by judges employing reasoning compatible with gender equality in this area of law. Given Lord Kerr’s contribution to the UK Supreme Court and its human rights jurisprudence, the chapter undertakes this analysis through a textual reading of human rights cases on this Court between 2017 and 2020. Lord Kerr appears as one judge engaging tools from the human rights-focused toolbox that emerges. The chapter concludes by considering what can be learned from this analysis, including steps that might be taken to further strengthen judging attentive to gender equality in human rights case law.
Original languageEnglish
Title of host publicationThe Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore
EditorsBrice Dickson, Conor McCormick
Place of PublicationOxford
PublisherHart Publishing
Chapter3
Pages47-64
ISBN (Print) 9781509944781
Publication statusPublished - Dec 2021

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