Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender Mainstreaming and Global Governance

This article seeks to explain the variable implementation of gender mainstreaming as a `policy frame' over time and across various international organisations (I.O.s). In the years since the U.N. Fourth World Women's Conference in Beijing (1995),mainstreaming has been endorsed and adopted by a wide range of international organisations, and we compare the adoption and implementation of mainstreaming in four specific I.O.s: the World Bank, the United Nations Development Programme, the Organisation for Security and Cooperation in Europe, and the European Union. The rhetorical acceptance of mainstreaming by various international organisations, however, obscures considerable variation in both the timing and the nature of the mainstreaming process within and among organisations. This variation, in turn, can be explained in terms of the categories of political opportunity, mobilising structures and strategic framing, which have been put forward by social movement theorists.     

Gender Mainstreaming and Global Governance

This article seeks to explain the variable implementation of gender mainstreaming as a `policy frame' over time and across various international organisations (I.O.s). In the years since the U.N. Fourth World Women's Conference in Beijing (1995),mainstreaming has been endorsed and adopted by a wide range of international organisations, and we compare the adoption and implementation of mainstreaming in four specific I.O.s: the World Bank, the United Nations Development Programme, the Organisation for Security and Cooperation in Europe, and the European Union. The rhetorical acceptance of mainstreaming by various international organisations, however, obscures considerable variation in both the timing and the nature of the mainstreaming process within and among organisations. This variation, in turn, can be explained in terms of the categories of political opportunity, mobilising structures and strategic framing, which have been put forward by social movement theorists. This revised version was published online in July 2006 with corrections to the Cover Date.     

Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Promotion of Gender Equality at the Workplace: Gender Mainstreaming and Collective Bargaining in Italy

The article examines gender equality in collective bargaining and looks at the extent to which gender and equal opportunities issues have been mainstreamed in industrial relations systems in Italy where, despite the existence of old and new legislation on gender equality, there are persistently low levels of female employment and the precarious workforce is made up predominantly of women. The central question addressed in the article is whether the injection of a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, the article looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work. The article maintains that gender mainstreaming may fulfil its transformative potential as a catalyst for changing both the conceptual and analytical tools which the law deploys, provided it is envisaged as a three-fold strategy involving simultaneous processes of deconstruction, replacement and inclusive measures, together with deliberative forms of democracy and the imposition of a statutory positive duty on public authorities to mainstream equality.

Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate.     

Unveiling Complex Discrimination at the Court of Justice of the European Union: the Islamic Headscarf at Work

Feminist Legal Studies - The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two...     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming.     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming. This revised version was published online in July 2006 with corrections to the Cover Date.     

Theorizing Gender and Musical Composition in the Computerized Classroom

Classroom The increased use of information technology in schools is generally perceived as a positive, dynamic step into the future. By providing IT facilities for all children throughout their education we are affording them access to a wider range of career opportunities and educational experiences. Feminists have long debated the extent to which technology can be exclusionary for women because of its construction as a masculine domain, emphasizing 'masculine' characteristics of mastery, skill and control. By focusing on the music classroom, Armstrong explores gender and the compositional process and the effects of an overtly technological approach to composition. In the early part of the essay, she draws on Sherry Turkle's early work based on observations of male and female computer programmers. Despite observing a variety of computational styles Turkle concluded that, although technology allowed for this diversity, computer culture did not, noting that many females preferred a style that did not favour the canonical, plan-oriented, abstract thinkers who 'constitute an epistemological elite'. In her own research, Armstrong found that girls often became alienated from their own creative work because the culture of the music classroom appears to privilege a particular style of working. By focusing on the singing voice and the corporeal, Armstrong draws on aspects of cyberfeminism to illustrate how girls can transcend and subvert this masculine culture.     

Gender and power in a post-nationalist European Union

The issue of gender and ICT and the concern about an emerging digital divide in Norway have been dominated by a fear that the symbolic content and practices around ICT—epitomized in the hacker stereotype—are turning women off by making them feel like entering a “boy's room” when using ICT. State feminist policies have been developed to cope with these challenges, directed at schools and universities in particular. This paper provides a critical discussion of the state feminist understanding of gender and ICT, to argue the need for a more heterogeneous approach.