European Union non-discrimination law and intersectionality : investigating the triangle of racial, gendifer and disability discrimination

pt. 1. Discrimination grounds and intersectionality : a reappraisal -- pt. 2. Tackling intersectionality and national levels -- pt. 3. Convincing the judiciary to entertain intersectional analysis -- pt. 4. Intersections between gender, 'race' and disability from EU perspectives.;Annotation 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.

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.

Annotation 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 1 Contents 6 List of Contributors 8 Preface 10 Introduction 12 Part I Discrimination Grounds and Intersectionality: A Reappraisal 20 1 Organizing EU Equality Law Around the Nodes of ‘Race’, Gender and Disability 22 2 Intersections between Disability, Race and Gender in Discrimination Law 40 3 Disadvantage at the Intersection of Race and Disability 58 4 Tackling the Conceptual Order of Multiple Discrimination 74 Part II Tackling Intersectionality at National Levels 88 5 Women with Disability in Turkey and France 90 6 Promises of an Intersectional Approach in Practice? 108 7 French and German Headscarf Debates 122 8 The Status of Muslim Minority Women in Greece 136 9 Minorities’ Right to Day Care 152 10 Justice for the Whole Person 168 Part III Convincing the Judiciary to Entertain Intersectional Analysis 186 11 Identity-based Discrimination and the Barriers to Complexity 188 12 The Assimilationist Anti-Discrimination Paradigm and the Immigrant Muslim Woman 202 13 A Legal Remedy for Corpulent Women of Colour 220 Part IV Intersections between Gender, ‘Race’ and Disability from EU Perspectives 236 14 Gendered Experiences of Racial Discrimination 238 15 EU Non-Discrimination Law and Policies 252 16 Intersectionality in EU Law 270 Bibliography 286 Index 328 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, academics and those working in the area of EU non-discrimination law and policy.