International discourse surrounding ‘gender balance’ or ‘gender diversity’ in public decision-making has tended to focus on political roles or institutions, rather than their judicial counterparts. However, there has been substantial progress towards considering the lack of gender diversity in the composition of the judiciary, but little consideration of distinctly legal approaches, thus gender diversity in the judiciary as a matter of law. The chapter will commence by outlining some of the wider issues surrounding gender diversity and the judiciary. Ultimately, it seeks to mainly analyse the jurisprudence of the European Court of Human Rights, together with the standards set out by the Council of Europe. It is widely acknowledged that positive measures for compositional diversity constitute an important means of removing, to varying extents depending on the measure, gender diversity in the judiciary from the mercy of political whim. However, misunderstandings regarding the nature and role of gender diversity within the judiciary, in relation to the broader pursuit of gender equality, can lead to positive measures going no further than achieving “token” diversity—that is to say, a merely symbolic and fragile form. Therefore, while the prospects of a supportive approach by the European Court of Human Rights remain open, the realisation of its emancipatory potential may likely turn on the Court’s characterisation of the nature and role of gender diversity in the judiciary.