More Women - But Which Women? The Rule and the Politics of Gender Balance at the European Court of Human Rights

Hennette-Vauchez, Stéphanie

doi:10.1093/ejil/chv004

Cited by 15 publications

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“…As Nienke Grossman and other international feminist legal scholars have persuasively argued, such acute sex imbalance cannot be attributed to the lack of sufficiently qualified women available for such positions (Grossman, 2012(Grossman, , 2016a(Grossman, , 2016b; see also Dawuni, 2018;Hennette-Vauchez, 2015). Not only is the limited-pool argument fallacious, but part of the problem might be that judicial selection procedures lack transparency and are not clearly set up to select on merit.…”

Section: Paths Toward Broader Responsivenessmentioning

confidence: 99%

“…To this end, a number of scholars have called for a ‘democratic’ re‐conceptualization of the international judiciary (Bogdandy & Venzke, 2014; Grossman, 2013). This has generated attention to a broad range of elements, from appointment processes to procedural rules in order to guarantee judicial independence but also accountability to different stakeholders (Grossman, 2013; Pérez, 2017), typically with a focus on specific types of courts (Føllesdal et al, 2014; Hayashi & Bailliet, 2017; Hennette‐Vauchez, 2015). Yet, as I will argue, by reducing the so‐called ‘legitimacy deficit’ to a problem of institutional factors and representation of ‘national’ constituencies, we might be overlooking a deeper dimension of the ‘diversity challenge’—one that emerges out of the need for broader societal responsiveness and inclusion.…”

Section: Introductionmentioning

confidence: 99%

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The legitimacy of international courts: The challenge of diversity

Torbisco-Casals

2021

Journal of Social Philosophy

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Section: Paths Toward Broader Responsivenessmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The legitimacy of international courts: The challenge of diversity

Torbisco-Casals

2021

Journal of Social Philosophy

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“… 70 70 Hennette‐Vauchez (2015); Tulkens (2015); Charlesworth and Chinkin (2000); Kosař (2015, 129–33); Keller et al (2020, 202). …”

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How many women judges are enough on international courts?

Føllesdal

2021

Journal of Social Philosophy

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The African Court of Human and Peoples' Rights (ACtHPR) made history on August 27, 2018. The majority of its judges were female-six of 11, and the first among international courts and tribunals (ICs) to secure sex parity-that is, numerical equality. 1 This achievement is even more remarkable given that only 23% of the judges and arbitrators of the ICs are women. 2 The milestone also prompts us to consider more closely what considerations of legitimacy entail about the proportion of women international judges.The present composition of ICs is clearly under legal, social, and political control, and ICs have profound effects. The persistent underrepresentation of women is especially striking since not only civil society groups, but also the states who nominate and establish election procedures have agreed several treaties that require or urge a balance of gender representation. 3 So it would seem that the parity achieved by the ACtHPR should be applauded. However, that IC may now be even more gender equal than we may have reason to require of a legitimate IC-or so this article argues. A less egalitarian composition within a "parity zone" of approximately 40% of either of the main sexes seems to suffice.The present reflections considers various possible arguments offered concerning the impact of gender inequality on the international bench, drawing in part on studies of domestic judiciaries, as well as on available research and reflections by practitioners and women international judges. 4 Several arguments support calls to increase the proportion of female international judges-but how far? Section 2 addresses some background issues: first concerning the terms "feminism," "sex," and "gender," then, the tasks of ICs that should lead us to question the present sex inequality on the international bench.

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Lau¹

2019

Comparative Legal Frameworks for Pre-Implantation Embryonic Genetic Interventions

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More Women - But Which Women? The Rule and the Politics of Gender Balance at the European Court of Human Rights

Cited by 15 publications

References 0 publications

The legitimacy of international courts: The challenge of diversity

The legitimacy of international courts: The challenge of diversity

How many women judges are enough on international courts?

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