By elena Faletti
The aim of this paper is the analysis of gender stereotypes in comparative family law, focusing on English and Italian case law, especially to the traditional gender roles: male-female, husband-wife, father-mother. Indeed, analyzing the grounds of the judgments in an area with a strong influence of political, philosophical, religious and social issues as family law, we find that stereotypes, especially gender stereotypes, could hide themselves behind apparently neutral concepts. But what is a “stereotype”? Especially a “gender stereotype”? It concerns the sex of a person, especially his or her failure to conform with socially accepted sexual behaviour about what “real” men or women do or don't do.
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