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"The distinction between male and female, or masculinity and femininity, has long been considered as foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet, the binary relationship man/woman continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields including law, sociology, philosophy and anthropology to pin down the relation between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at a societal and institutional level. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discuss this pressing question with a view to considering if current equality policies challenge hierarchical and hegemonic understandings of gender, or if they are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should contribute to the process of deconstructing the gender binary."--Provided by publisher

Introduction / Petr Agha -- Universalism and relativism in the protection of human rights in Europe : politics, law and culture / Steven Greer -- On the varieties of universalism in human rights discourse / Ben Golder -- When human rights clash in 'the age of subsidiarity' : what role for the margin of appreciation? / Stijn Smet -- The margin of appreciation as an underenforcement doctrine / Dimitrios Tsarapatsanis -- Anything to appreciate? : a sociological view of the margin of rights and the persuasive force of their doctrines / Jiri Priban -- The prisoner's dilemma : the margin of appreciation as proportionality or recognition? / Marco Goldoni and Pablo Marshall -- Social sensitivity, consensus and the margin of appreciation / Nicholas Bamforth -- Religious rights and the margin of appreciation / Dominic McGoldrick -- The paradox of human rights and the role of the European Court of Human Rights in keeping it alive / Petr Agha

The distinction between male and female, or masculinity and femininity, has long been considered to be foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet the binary relationship 'man/woman' continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields – including law, sociology, philosophy and anthropology – to pin down the relationship between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at societal and institutional levels. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discusses this pressing question with a view to considering whether current equality policies challenge hierarchical and hegemonic understandings of gender or are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should, contribute to the process of deconstructing the gender binary.