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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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