Gender in EU law

The chapter explore the notion of gender in EU law. It discusses how gender is recognised in primary and secondary law and explored within the case law of the CJEU. Within that context, gender is perceived as non-binary concept, that can refer to masculinity and femininity traits but also includes non-gender conform, non-binary and transgender identities.

The chapter demonstrates that EU law is sensitive to gender in various aspects, even if the treaties themselves refer to sex or men and women only. EU sex discrimination law specifically, has long been able to recognise gender inequality beyond the male/female dichotomy alongside structural gendered disadvantages mostly experienced by women and imposed duties of recognition. Recent case law shows that this understanding is not limited to EU non-discrimination law and imposes wide duties of gender recognition upon the Member States.