La interseccionalidad como concepto, su origen y potencial

Translated title of the contribution: Intersectionality as a concept, origins and potential

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

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.
Translated title of the contributionIntersectionality as a concept, origins and potential
Original languageSpanish
Title of host publicationConstruir la Igualdad: Reflexiones en Clave Judicial
EditorsDaniel Antonio García Huerta
Place of PublicationMexico
PublisherSuprema Corte de Justicia de la Nación
Chapter5
Pages187-240
Number of pages53
Publication statusPublished - 24 Nov 2022

Keywords

  • Intersectionality
  • multiple discrimination
  • structural discrimination
  • dual discrimination
  • anti-discrimination law

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