Intersectionality And Comparative Antidiscrimination Law
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Intersectionality And Comparative Antidiscrimination Law
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Author : Shreya Atrey
language : en
Publisher: BRILL
Release Date : 2020-07-13
Intersectionality And Comparative Antidiscrimination Law written by Shreya Atrey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-13 with Law categories.
This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.
Intersectional Discrimination
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Author : Shreya Atrey
language : en
Publisher:
Release Date : 2019
Intersectional Discrimination written by Shreya Atrey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberle Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Comparative Equality And Anti Discrimination Law Third Edition
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Author : David B. Oppenheimer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Comparative Equality And Anti Discrimination Law Third Edition written by David B. Oppenheimer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
The Conceptualization Of Equality And Non Discrimination As Legal Standards
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Author : Titia Loenen
language : en
Publisher: BRILL
Release Date : 2024-12-23
The Conceptualization Of Equality And Non Discrimination As Legal Standards written by Titia Loenen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-23 with Law categories.
This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
On Intersectionality
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Author : Kimberle Crenshaw
language : en
Publisher:
Release Date : 2019-09-03
On Intersectionality written by Kimberle Crenshaw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-03 with Law categories.
A major publishing event, the collected writings of the groundbreaking scholar who "first coined intersectionality as a political framework" (Salon) For more than twenty years, scholars, activists, educators, and lawyers--inside and outside of the United States--have employed the concept of intersectionality both to describe problems of inequality and to fashion concrete solutions. In particular, as the Washington Post reported recently, "the term has been used by social activists as both a rallying cry for more expansive progressive movements and a chastisement for their limitations." Drawing on black feminist and critical legal theory, Kimberlé Crenshaw developed the concept of intersectionality, a term she coined to speak to the multiple social forces, social identities, and ideological instruments through which power and disadvantage are expressed and legitimized. In this comprehensive and accessible introduction to Crenshaw's work, readers will find key essays and articles that have defined the concept of intersectionality, collected together for the first time. The book includes a sweeping new introduction by Crenshaw as well as prefaces that contextualize each of the chapters. For anyone interested in movement politics and advocacy, or in racial justice and gender equity, On Intersectionality will be compulsory reading from one of the most brilliant theorists of our time.
Comparative Human Rights Law
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Author : Sandra Fredman
language : en
Publisher:
Release Date : 2018
Comparative Human Rights Law written by Sandra Fredman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
An essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.
A Theory Of Discrimination Law
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Author : Tarunabh Khaitan
language : en
Publisher: OUP Oxford
Release Date : 2015-05-21
A Theory Of Discrimination Law written by Tarunabh Khaitan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-21 with Political Science categories.
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
European Union Non Discrimination Law And Intersectionality
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Author : Anna Lawson
language : en
Publisher: Routledge
Release Date : 2016-07-22
European Union Non Discrimination Law And Intersectionality written by Anna Lawson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-22 with Law categories.
This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.
Institutionalizing Intersectionality
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Author : A. Krizsan
language : en
Publisher: Springer
Release Date : 2012-07-31
Institutionalizing Intersectionality written by A. Krizsan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-31 with Social Science categories.
An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.
Intersectionality And Human Rights Law
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Author : Shreya Atrey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10
Intersectionality And Human Rights Law written by Shreya Atrey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Political Science categories.
This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.