Monday, February 18, 2019

Gender and Judging: Evidence from the European Court of Human Rights

Erik Voeten, Gender and Judging: Evidence from the European Court of Human Rights, 

Are women’s appeals for judicial remedies more likely to be successful if there are more women on the bench? Examinations of this question have mostly been confined to the North American context. This article evaluates this question in the European Court of Human Rights using a new dataset that incorporates both the gender of judges and applicants to the Court. Using matching within judgment, the analysis confirms findings from the U.S. context that female judges are more favorably disposed towards discrimination cases filed by women. Yet, female judges are not more likely than male judges to support rights claims filed by women on other legal issues. There is, however, strong evidence that female judges are more favorably disposed towards male and female applicants who allege physical integrity rights violations, such as torture. This is consistent with the attitudinal theory of judging. Thus, gender composition affects issues beyond those traditionally thought to be women’s rights issues. Moreover, the analysis reveals that women disproportionally file property rights claims, an issue that has gotten very little attention in the literature on gender and courts

https://lawprofessors.typepad.com/gender_law/2019/02/gender-and-judging-evidence-from-the-european-court-of-human-rights.html

Courts, International, Judges | Permalink

Comments

Post a comment