젠더 스테레오타입 해소에 관한 EU법제도상의 쟁점 - 젠더 스테레오타입에 관한 EU사법재판소 판시 태도와 그 문제점 -

Gender stereotypes are biased perceptions, preconceived notions or prejudices that people have about sex and sex roles. Sex and sex roles are gender, and biased perceptions, preconceived notions or prejudices about sex or gender are stereotypes. To address and overcome this problem, the European Union (EU) has established and implemented various legal systems to establish the principle of gender equality. The Court of Justice of the EU (CJEU) has also made significant efforts to address gender inequality through case law since the early days of European integration. Beginning with the Sabbatini case (1972), the CJEU has issued various rulings on gender equality, urging European authorities to enact laws prohibiting gender stereotypes and ensuring substantive equality in disputes through legal interpretation and judgment. Examining case law trends on gender stereotypes, the CJEU demonstrates a fairly proactive stance toward guaranteeing the principle of equal treatment between men and women and prohibiting direct discrimination that undermines this principle. However, it adopts a relatively passive stance on gender stereotypes. This stance is particularly evident in member states' gender-discriminatory measures. Nevertheless, the CJEU has issued numerous forward-looking rulings on gender stereotypes. This paper analyzes key cases, focusing on three topics: pregnancy and maternity protection, affirmative action, and indirect discrimination.