Discrimination on grounds of Gender

"Gender refers to the social attributes and opportunities associated with being male and female and the relationships between women and men and girls and boys, as well as the relations between women and those between men. These attributes, opportunities and relationships are socially constructed and are learned through socialization processes. They are context/ time-specific and changeable. Gender determines what is expected, allowed and valued in a women or a man in a given context. (...)"

- definition of gender on the website of the European Institute for Gender Equality

National judgements:

No admission to the gym

Amtsgericht Hagen, judgment of 09.06.2008 - 140 C 26/08

The applicant's request for admission to the defendant gym was rejected on the grounds that the number of female members was below the desired quota. Therefore, he could not be affiliated at the respective point of time.

However, the rejection of the application for admission is discriminatory on grounds of gender according to § 1 AGG.

The court adjudged compensation for personal suffering (50 EUR) to the plaintiff and the defendant gym was legally obligated to include the applicant as a member.


ECJ judgements:

Considering gender as a risk factor in insurance contracts (Test-Achats)

Directive 2004/113/EC enshrines the principle of equal treatment for men and women in access to and supply of goods and services.

In the present judgment the CJEU rejects that men and women are in an objectively different situation regarding insurance premiums and insurance benefits in view of the risk insured. According to the Court, the Directive is based 2004/113/EG on a contrary premise. Therefore insurances ought to cost the same for men and women.

CJEU verdict of 01.03. 2011 -Rs C-236/09

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