(Stereo)typical Law: Challenging the Transformative Potential of Human Rights

Abstract

The UN Commission on the Status of Women stated that addressing gender stereotypes “must be a key element in all efforts to achieve the realization of women’s human rights” (2010). Leading human rights organisations (African Union, Council of Europe, European Union, Organization of American States and the United Nations) have introduced instruments aimed at the elimination of gender stereotypes, like CEDAW or the Istanbul Convention. Feminist legal scholarship reaffirms this position, considering stereotyping to be one of the biggest challenges for realisation of human rights in contemporary society. Nevertheless, the topic remains largely under-researched. Drawing on feminist legal theory, this chapter addresses the following question: Can and should law be used to address gender stereotyping? It explores the complexity of this topic, with focus on the opportunities and constrains of using law to affect substantive change. This chapter takes up an interdisciplinary approach of law and politics.