Abstract
The concept of intersectionality helps us appreciate problems of discrimination as they occur in real life. From a legal point of view, it is a key concept because it clarifies that discrimination does not always occur based on a single trait in isolation and, therefore, intersectionality urges us to rethink the way in which we understand, redress and prevent the actual harm.
In order to present some of the key insights/lessons that the term offers, this article includes an account of its origins in the United States. Due to the experience and current jurisdiction of the author, there are also several references to the law of the United Kingdom and to case law from the European Court of Human Rights.
The concept is thus explored in Europe, but also in the Inter-American Court of Human Rights, and in Mexico through the way in which "multiple discrimination" has been described in two recent non-binding court precedents.
The range of understandings explored and the varied terminology utilised to refer to distinct experiences of compounded discrimination, allows us to identify positive aspects and to point out possibilities for a more accurate legal understanding of discrimination as it occurs in reality.
The approach of this work is socio-legal. It is fundamentally concerned with real experiences of discrimination even when these are not yet captured, or are misunderstood, or indeed denied by existing law.
In order to present some of the key insights/lessons that the term offers, this article includes an account of its origins in the United States. Due to the experience and current jurisdiction of the author, there are also several references to the law of the United Kingdom and to case law from the European Court of Human Rights.
The concept is thus explored in Europe, but also in the Inter-American Court of Human Rights, and in Mexico through the way in which "multiple discrimination" has been described in two recent non-binding court precedents.
The range of understandings explored and the varied terminology utilised to refer to distinct experiences of compounded discrimination, allows us to identify positive aspects and to point out possibilities for a more accurate legal understanding of discrimination as it occurs in reality.
The approach of this work is socio-legal. It is fundamentally concerned with real experiences of discrimination even when these are not yet captured, or are misunderstood, or indeed denied by existing law.
Translated title of the contribution | Intersectionality as a concept, origins and potential |
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Original language | Spanish |
Title of host publication | Construir la Igualdad: Reflexiones en Clave Judicial |
Editors | Daniel Antonio García Huerta |
Place of Publication | Mexico |
Publisher | Suprema Corte de Justicia de la Nación |
Chapter | 5 |
Pages | 187-240 |
Number of pages | 53 |
Publication status | Published - 24 Nov 2022 |
Keywords
- Intersectionality
- multiple discrimination
- structural discrimination
- dual discrimination
- anti-discrimination law