ABSTRACT

The wider equality case law deals with discrimination on grounds of other protected characteristics, including race, religion and disability. The Advocates-General of the Court have attempted to establish a foundation to equality jurisprudence which sees human dignity as fundamental to equality. Although this approach has not been taken up by the Court, it would facilitate the consideration of gender alongside other factors and may be more sensitive to gender implications. The consideration of other protected grounds allows us to evaluate the Court’s engagement with fundamental rights and consider the theory of intersectionality.