The role of the ECHR and the Council of Europe in anti-gender policies

This study examines how the European Court of Human Rights (ECHR) and the mechanisms of the Council of Europe influence the monitoring and regulation of anti-gender policies in the countries of Central and Eastern Europe. The analysis is based on a comparative study of court decisions, Council of Europe reports, and national government positions. Court decisions and reports of organizations create legal pressure and normative obligation for the protection of gender rights, but some state governments use the narrative of moral sovereignty in order to challenge these mechanisms. In this way, tension is created between international standards and the practices undertaken by certain states. This study uses the theoretical framework of human rights backsliding and transnational advocacy networks, analyzing the interaction between international actors, national governments, and civil society. The results show that the influence of the courts and the Council of Europe depends fundamentally on the political, religious, and cultural context of each state in the implementation of gender policies. Anti-gender policies, the supervision of regional organizations, and transnational accountability mechanisms must go hand in hand to ensure that the perspective of all Council of Europe member states is towards a unified norm.