The paper will argue that rather than taking a non-feminist approach to a substantive issue, the lack of feminist judgments can be due to the strategy of a court to avoid hard decisions on merit. Two examples from Czechia will be analysed in depth. First, in a case concerning the lack of access of foreign pregnant women and their newborns to the system of public health insurance (Judgment of 3 May 2017, Pl. ÚS 2/15), the issue was a subsumption of the issue under a non-justiciable right (rather than an equally valid and appropriate justiciable right), which allowed the court majority to leave the decision to the legislator. Second, in a case on recognition of foreign adoption by (same-sex) registered partners (Judgment of 15 December 2020, Pl. ÚS 6/20), the majority avoided the human rights dimension and focused on conflict of laws aspects only.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!