For inspiration the Court could draw on its own case law, notably Konstantin Markin v. In my view, the Court should have pointed out that the State relied on gender stereotypes. Demirel lost further appeals. Demirel and Boyraz are interesting to discuss, as there are very few ECtHR cases concerning sex discrimination in employment. She took the issue to the local administrative court, which ruled in her favour. UK concerned a woman who was dismissed after she complained of sexual harassment by her employer at an Embassy.
She took the issue to the local administrative court, which ruled in her favour. Alexandra Timmer was one of the co-founders of this blog in Unfortunately, as this blogpost will argue, the Court failed to address the structural hurdles that the applicants, because they are women, faced in the labor market. Turkey is a case concerning sex discrimination in employment. This blogpost will focus on the discrimination complaint and will not further discuss the Article 6 part of the judgment. She is assistant professor human rights law at Utrecht University, and acting specialist coordinator gender equality of the European network of legal experts in gender equality and non-discrimination. She then started working for the company. The Court criticizes the Government for not substantiating this claim, and comes to the conclusion that the difference in treatment between men and women did not pursue a legitimate aim Boyraz, par. The judgment is largely a redux of Emel Boyraz v. Turkey December , which was based on similar facts. The ECtHR has delivered very few judgments on the topic of sex discrimination in employment. She also alleged that her right to a fair trial Article 6 had been breached, as the Supreme Administrative Court had been inconsistent; it had refused to follow an earlier ruling in a similar case. Once the Court held that Article 8 was applicable, it had no difficulties in affirming that Article 14 was also applicable and that this case concerned a clear difference in treatment on the ground of sex, between persons in an analogous situation Boyraz, par. Several related stereotypes play a role here; the false stereotype that women are weak too weak to use firearms and physical force , and the gender role type that women are delicate beings who are not fit for hard work. If advancing gender equality is really a major goal in the Council of Europe Boyraz par. In what follows, therefore, I focus the analysis on Boyraz. The case of Fogarty v. In other words, the Government considered that women were unable to face the risks and assume the responsibilities of security officers Boyraz, par. In a case from , Halford v. In my view, the Court should have pointed out that the State relied on gender stereotypes. For inspiration the Court could draw on its own case law, notably Konstantin Markin v. In my view, whether dismissal can amount to an interference with the right to private life is a question of scope rather than admissibility. The Court did not examine the merits of the complaint, as it upheld State immunity. The Court also refers to the fact that in the case of another woman the domestic court had ruled in her favor and that the applicant herself had carried out these duties for three years Boyraz, par. On appeal by the company, however, the Supreme Administrative Court overturned the judgment by the first court. UK concerned a woman who was dismissed after she complained of sexual harassment by her employer at an Embassy. The first remarkable thing about that judgment is that the Court dealt with the question whether dismissal falls under Article 8 the right to private life as a matter of admissibility, rather than the merits of the complaint.
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