Gendered Capital and Litigants in EU Equality Case‐Law

Abstract

This article problematises the gendered dimension of litigation in EU equality case‐law. Relying on feminist readings of Bourdieu's concept of capital, it introduces the notion of gendered capital as an explanatory framework to illustrate and evaluate the distinct experiences between women and men litigants in the legal field. The article puts this framework to the test by undertaking a macro‐level mixed‐methods study of 352 preliminary references on EU non‐discrimination law, drawing on the Equality Law in Europe: A New Generation database. The findings confirm the plausibility of this framework, with gendered capital varying depending on the period when and the Member State where the case was lodged, as well as on the ground of discrimination raised. As a result, by looking at the role of litigants’ gender in EU equality case‐law, this article joins the emerging field of mixed‐methods studies offering novel insights into the effectiveness of judicial decision‐making.