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Gillian C More, "Equal Treatment" of the Sexes in European Community Law: What does "Equal" Mean?, Feminist Legal Studies Vol.I. no.1 (1993), 45-74: This article considers the concept of "equal treatment" in E.C. sex equality cases, both as it is structured by E.C. Directive 76/207 and as it is applied by the European Court of Justice ("ECJ"). It is argued, using Catherine MacKinnon's early work, that the E.C. concept of equal treatment is formally structured around concepts of sameness and difference and is as such an androcentric version of equality. By reference to a number of cases, in particular those concerning maternity rights and positive action, the outlines the inadequacy and rigidity of the ECJ's approach to sex equality. The article concludes with a consideration of Canadian Charter of Rights and Freedoms jurisprudence in relation to sex equality: it suggests that it is possible for courts to approach sex equality from a different perspective and advocates that the ECJ reappraise its approach before the conservatism of its decisions becomes truly evident. Author's address: 74A Endymion Road, London SW2 2BT; E-mail: g.c.more@lse.ac.uk

 



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