European Union Non-Discrimination Law and Intersectionality : Investigating the Triangle of Racial, Gender and Disability Discrimination

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. Cover......Page 1 Half Title......Page 2 Title Page......Page 4 Copyright Page......Page 5 Table of Contents......Page 6 List of Contributors......Page 8 Preface......Page 10 Introduction......Page 12 Part I Discrimination Grounds and Intersectionality: A Reappraisal......Page 20 1 Organizing EU Equality Law Around the Nodes of ‘Race’, Gender and Disability......Page 22 2 Intersections between Disability, Race and Gender in Discrimination Law......Page 40 3 Disadvantage at the Intersection of Race and Disability: Key Challenges for EU Non-Discrimination Law......Page 58 4 Tackling the Conceptual Order of Multiple Discrimination: Situating Different and Difficult Genealogies of Race and Ethnicity......Page 74 Part II Tackling Intersectionality at National Levels......Page 88 5 Women with Disability in Turkey and France......Page 90 6 Promises of an Intersectional Approach in Practice? The Dutch Equal Treatment Commission’s Case Law......Page 108 7 Intersectional Discrimination and the Underlying Assumptions in the French and German Headscarf Debates: An Adequate Legal Response?......Page 122 8 The Status of Muslim Minority Women in Greece: Second Class European Citizens?......Page 136 9 Minorities’ Right to Day Care: Liberal Tolerance or Identity Maintenance?......Page 152 10 Justice for the Whole Person: The UK’s Partial Success Story......Page 168 Part III Convincing the Judiciary to Entertain Intersectional Analysis......Page 186 11 Identity-based Discrimination and the Barriers to Complexity......Page 188 12 The Assimilationist Anti-Discrimination Paradigm and the Immigrant Muslim Woman: Suggestions on How to Re-Conceptualize Discrimination Claims......Page 202 13 A Legal Remedy for Corpulent Women of Colour......Page 220 Part IV Intersections between Gender, ‘Race’ and Disability from EU Perspectives......Page 236 14 Gendered Experiences of Racial Discrimination: Comparative Socio-Legal Research......Page 238 15 EU Non-Discrimination Law and Policies in Reaction to Intersectional Discrimination against Roma Women in Central and Eastern Europe......Page 252 16 Intersectionality in EU Law: A Critical Re-appraisal......Page 270 Bibliography......Page 286 Index......Page 328 Organising EU equality law around the nodes of 'race', gender and disability / Dagmar Schiek Intersections between disability, race and gender in discrimination law / Theresia Degener Disadvantage at the intersection of race and disability : key challenges for EU non-discrimination law / Anna Lawson Tackling the conceptual order of multiple discrimination : situating different and difficult genealogies of race and ethnicity / Ulrike M. Vieten Women with disability in Turkey and France / Ayse Idil Aybars Promises of an intersectional approach in practice : the Dutch equal treatment commission's case law / Susanne Burri Intersectional discrimination and the underlying assumptions in the French and German headscarf debates : an adequate legal response? / Stephanie Fehr The status of Muslim minority women in Greece : second class European citizens? / Stergios Kofinis Minorities' right to day care : liberal tolerance or identity maintenance / Kevät Nousiainen Justice for the whole person : the UK's partial success story / Gay Moon Identity-based discrimination and the barriers to complexity / Suzanne B. Goldberg The assimilationist anti-discrimination paradigm and the immigrant Muslim woman : suggestions on how to re-conceptualise discrimination claims / Lynn Roseberry A legal remedy for corpulent women of colour / Iyiola Solanke Gendered experiences of racial discrimination : comparative socio-legal research / Isabelle Carles, Erica Howard, and Eleonore Kofman EU non-discrimination law and policies in reaction to intersectional discrimination against Roma women in central and eastern Europe / Kristina Koldinská Intersectionality in EU law : a critical re-appraisal / Dagmar Schiek and Jule Mulder. The book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The work provides coherent coverage of the legal dimension of intersectionality in the EU's non-discrimination regime. It will be a valuable resource for researchers.