G
Gender Equality in the
Universal and Regional
Human Rights Systems:
Prohibition of Discrimination
and Beyond
Aleksandra Szczerba-Zawada
1
and
Wojciech Burek
2
1
Faculty of Administration and National Security,
The Jacob of Paradies University, Gorzów
Wielkopolski, Poland
2
Institute of European Studies,
Jagiellonian University, Krakow, Poland
Synonyms
Equality law
Definitions
Anti-discrimination law is a body of legal norms
intended to prevent and sanction discrimination, i.
e., less favorable treatment of somebody because
of his or her characteristic such as gender, racial
or ethnic origin, disability, sexual orientation, etc.
Nondiscrimination is considered to be the nega-
tive aspect of the equality principle – the obliga-
tion of a state to refrain from unjust differential
treatment rather than taking positive action to
create circumstances that promote full equality
(Korkiamäki 2014).
Gender anti-discrimination law requires
that women and men are treated alike in similar
situations unless otherwise justified. In narrow
perspective gender anti-discrimination law pro-
hibits discrimination on the ground of sex, either
directly or indirectly (formal equality). Direct
gender discrimination occurs when someone is
treated adversely because of her/his sex. Indirect
gender discrimination takes place when there is a
practice, rule, or policy which seems to apply to
everyone in the same way, but in reality it has
an adverse effect on people who belong to a par-
ticular sex. In a wider perspective, gender anti-
discrimination law requires equal opportunities
for men and women, i.e., removal of all barriers
to economic, political, and social participation
on the ground of gender. Such barriers are often
indirect, difficult to discern, and rooted in and
reinforced by structural phenomena and social
representations that have proved particularly
resistant to change (gender stereotypes)
(“EIGE”, European Institute for Gender Equal-
ity). Thus broadly understood gender anti-dis-
crimination law requires application of
diversified range of actions and instruments to
redress deep-rooted and persistent inequalities
(equality law).
Introduction
Both the universal (the United Nations – UN)
and regional (the European Union (EU) and the
© Springer Nature Switzerland AG 2019
W.Leal Filho et al. (eds.), Gender Equality , Encyclopedia of the UN Sustainable Development Goals,
https://doi.org/10.1007/978-3-319-70060-1_34-1