Gender-based Discrimination in France, the Claimed State of Human Rights? : An Analysis of Gender-based Discrimination in the Application of French Legislation

Sammanfattning: This thesis focuses on gender-based discrimination in the application of French legislation. Discrimination is a major principle of Human Rights. Women and gender minorities, although they are subjected to discrimination, are protected by international treaties and conventions against it. With a Qualitative Content Analysis, this thesis will study different court cases in order to see, through the lens of the Feminist Jurisprudence Theory, the situation of gender-based discrimination in the application of French legislation. The conclusion of this thesis is that, while there is gender-based discrimination in the application of legislation, it comes mostly from how the experience of the individuals is considered by the courts. The higher and lower courts have also different outcomes in some of the cases, due to the role and focus they have. The main discrimination that can be found is indirect discrimination.