Constitutional gender justice in Central and Eastern Europe? Notes on the implementation of the principle of substantive equality by constitutional courts

This article examines the phenomenon of constitutional injustice through the lens of the absence of a substantive gender equality perspective in constitutional courts, focusing on Central and Eastern European (CEE) countries. While rooted in regional analysis, the discussion addresses a broader global issue: the structural barriers women face in accessing constitutional justice. These include formal, doctrinal, and interpretative constraints that inhibit courts from engaging meaningfully with gender-based claims. The article traces this problem to the socialist-era conception of gender equality, which emphasized formal rights and protective measures while maintaining traditional gender roles. This legacy entrenched a culture of legal formalism and positivism that continues to dominate constitutional interpretation in the region, impeding the adoption of more inclusive and socially responsive approaches. The article identifies three dimensions of constitutional gender injustice: limited access to constitutional courts, doctrinal limitations in reviewing equality claims, and judicial avoidance in balancing competing rights and values. To address these challenges, the article tests Sandra Fredman’s model of substantive equality, comprising disadvantage, recognition, voice and participation, and accommodation of difference, against the actual practices of constitutional courts in the region. It argues that applying this model can guide courts toward more inclusive jurisprudence and help embed substantive gender equality into constitutional review.

Об авторе: Anna Śledzińska-Simon – Dr. hab., Professor, Faculty of Law, Administration and Economics, University of Wrocław, Wrocław, Poland .

Библиографическое описание:

Śledzińska-Simon A. (2025) Konstitutsionnaya gendernaya spravedlivost’ v Tsentral'noy i Vostochnoy Evrope? Razmyshleniya na temu realizatsii printsipa soderzhatel'nogo ravenstva konstitutsionnymi sudami [Constitutional gender justice in Central and Eastern Europe? Notes on the implementation of the principle of substantive equality by constitutional courts]. Sravnitel'noe konstitutsionnoe obozrenie, vol.34, no.2, pp.??–124. (In Russian).