Feminist judging at a time of gender equality backlash and resistance in Central and Eastern Europe
There has been strong resistance to and backlash against gender equality in Central and Eastern Europe, as exemplified by judicial and legislative steps to ban so-called “gender ideology“ and the ratification of the Istanbul Convention. In this climate, we propose to study, model, and push for feminist judging by exploring the specific challenges and opportunities of a Feminist Judgments Project for the region. Being part of the civil law tradition, these countries‘ courts are less likely to issue the type of discursive judgments familiar to the common lawyer. They also operate under different constraints, including a propensity for formalism inherited from the communist legal method. The role of the judge in the legal process is different, as are the traditions, legacies, and unspoken norms. Legal education and the overall legal culture in these countries will present obstacles and openings unlike those of their common law counterparts.