Agreements and disagreents between ECHR and CJEU in matters of gender equality

Abstract

The study analyzes the coincidences and discrepancies between the jurisprudence of the ECHR and the CJEU in relation to two specific issues in which gender equality is involved: male conciliation and multiple discrimination. The existence of the discrepancies is due to the different characteristics of the legal systems that each court must apply. The European Convention on Human Rights is a text on human rights and enables the ECHR to apply it broadly. While the European Union Law, although it has more ambitious integration objectives than the ECHR, it has many lacks about human rights, which limits the CJEU’s decissions on many occasions. The solution would be the desirable integration of both legal systems through the accession of the European Union to the ECHR.