GENDER AND COURT IN THE AGE OF DISTRUST: REVISITING JUDICIAL DIVERSITY IN SLOVENIA

In the last decades, the judiciaries of some European jurisdictions, including Slovenia, have undergone a dramatic transformation in the form of a significant rise in the share of women among their judges. In Slovenia, today women represent almost 80 percent of all judges. In this situation, voices from the legal profession, academic circles, and the political arena have started calling for a balanced gender composition of the judiciary and demanding measures to address the existing imbalance in favour of women. The paper critically evaluates such categorical appeals to judicial diversity. It argues that more often than not such appeals build on a misunderstanding of the rationale underlying diversity, its relation to (gender) equality, and misconceptions of the legal framework for combating discrimination, which is mostly due to inadequate consideration of the historic development and current social context of gender inequality in general, and within the judiciary in particular.