We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
A Hazy Concept of Equality.
- Authors
Bell, Mark
- 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.
- Subjects
UNITED Kingdom; EQUALITY; TRANSSEXUALISM; SEX discrimination; GREAT Britain. National Health Service; PUBLIC health
- Publication
Feminist Legal Studies, 2004, Vol 12, Issue 2, p223
- ISSN
0966-3622
- Publication type
Other
- DOI
10.1023/B:FEST.0000043339.80855.77