Skip to main content
SpringerLink
Log in

A Hazy Concept of Equality

  • Published:
Feminist Legal Studies Aims and scope Submit manuscript

Abstract

K.B. is a woman working for the United Kingdom National Health Service (NHS) with a transsexual male partner. Her partner's male gender was not legally recognised in the United Kingdom and consequently they could not marry. Whilst the NHS pension scheme provides for the payment of a survivor's pension, this is only in respect of married partners. The European Court of Justice held that the combination of circumstances that prevented K.B.'s partner from receiving the survivor's pension amounted to sex discrimination in pay contrary to Article 141 of the Treaty establishing the European Community. At first sight, this decision appears to represent a strengthening of the concept of gender equality in European Union law. Yet, the reasoning provided by the Court lacks clarity and coherence. Moreover, the reach of equality is compromised by the Court's determination to exclude any confrontation with the privileged status of heterosexual marriage.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Log in via an institution

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

REFERENCES

  • Commission, "Proposal for a Council Directive Implementing the Principle of Equal Treatment Between Women and Men in the Access to and Supply of Goods and Services" COM (2003), 657.

  • Cowan, S., "'That Woman is a Woman!' The Case of Bellinger v. Bellinger and the Mysterious (Dis)appearance of Sex", Feminist Legal Studies 12/1 (2004), 79–92.

    Article  Google Scholar 

  • Fredman, S., "The Future of Equality in Britain", Equal Opportunities Commission Working Paper Series No. 5 (Manchester: Equal Opportunities Commission, 2002).

    Google Scholar 

  • Masselot, A., "The New Equal Treatment Directive Plus Ça Change ...", Feminist Legal Studies 12/1 (2004), 93–104.

    Article  Google Scholar 

  • McDonald, I., "A Long Road Nearing An End? Recognition For Transsexual People", Journal of Social Welfare and Family Law 25/3 (2003), 277–289.

    Article  Google Scholar 

  • Sandland, R., "Crossing and Not Crossing: Gender, Sexuality and Melancholy in the European Court of Human Rights, Goodwin v. U.K., I. v. U.K. ", Feminist Legal Studies 11/2 (2003), 191–209.

    Article  Google Scholar 

  • Tobler, C., "Positive Action under the Revised Second Equal Treatment Directive", in eds. L'égalité entre les femmes et hommes et la vie professionnelle-le point sur les développements actuels en Europe, Association française des femmes juristes & European Women Lawyers Association (Paris: Dalloz, 2003).

    Google Scholar 

  • Women and Equality Unit, Civil Partnership: A Framework for the Legal Recognition of Same-Sex Couples (London: Women and Equality Unit, 2003).

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Centre for European Law and Integration, Faculty of Law, The University of Leicester, Leicester LE1 7RH, UK, UK; E-mail:

    Mark Bell

Authors
  1. Mark Bell
    View author publications

    You can also search for this author in PubMed Google Scholar

Rights and permissions

Reprints and permissions

About this article

Cite this article

Bell, M. A Hazy Concept of Equality. Feminist Legal Studies 12, 223–231 (2004). https://doi.org/10.1023/B:FEST.0000043339.80855.77

Download citation

  • Issue Date:

  • DOI: https://doi.org/10.1023/B:FEST.0000043339.80855.77

Search

Navigation