Adopting a Feminist Legal Perspective in Adjudication: a Comparative Analysis of the Judgments of the Constitutional Court of Turkey and European Court of Human Rights

Legal systems, reflecting the dominant ideology present in societies, perpetuate patriarchal values and gendered power hierarchies. In this context, the judiciary and especially judges, are in a position to ameliorate this situation, both owing to their significant social role as State agents and subsequently their responsibilities with regards to the protection and effective realization of human rights. However, the conduct of judges may present barriers for access to justice on the basis of gender, especially through judicial stereotyping practices. This work will therefore suggest that a gender-conscious approach to judicial decision-making will improve the legal system and help it function free from bias. The proposed method for this is the incorporation of feminist legal methodologies, as will be showcased through a comprehensive and comparative analysis of the decisions of both the Constitutional Court of Turkey and European Court of Human Rights.