Gender mainstreaming – a universal norm in the making

Gender mainstreaming has been established as an element in European legal and political documents in the course of the last decade. As a general principle, it has not yet clear judicial contours. It seems appropriate to take a closer look at the legal sources because it proves that the commitment to gender mainstreaming by member states governments does not take place within an 'extralegal sphere'. Despite the generality of the legal obligations inherent in the gender mainstreaming, the author will show that member states are not totally free to adapt or reject it within their national laws. Substantial arguments support the assumption that the principle laid down in Art. 3 Para. 2 Treaty on European Community binds member states in any case when they become active in areas in which they share the legislative competence with the EU. Therefore, gender mainstreaming cannot be disputed to be valid for domestic legislation and implementation – at least as a procedural measure of rationality and argumentation. The author shall argue that at least the obligation to a gender impact assessment has to be seen as a procedural minimum in decision-making.