Intersectional Discrimination

Why has intersectionality fallen by the wayside of discrimination law? Thirty years after Kimberlé Crenshaw coined the term ‘intersectionality’, discrimination lawyers continue to be plagued by this question across a range of jurisdictions, including the US, UK, South Africa, India, Canada, as well as the UN treaty body jurisprudence and the jurisprudence of the EU and the ECHR. Claimants continue to struggle to establish intersectional claims based on more than one ground of discrimination. This book renews the bid for realizing intersectionality in comparative discrimination law. It presents a juridical account of intersectional discrimination as a category of discrimination inspired by intersectionality theory, and distinct from other categories of thinking about discrimination including strict, substantial, capacious, and contextual forms of single-axis discrimination, multiple discrimination, additive discrimination as in combination or compound discrimination, and embedded discrimination. Intersectional discrimination, defined in these theoretical and categorial terms, then needs to be translated into doctrine, recalibrating each of the central concepts and tools of discrimination law to respond to it—including the text of non-discrimination guarantees, the idea of grounds, the test for analogous grounds, the distinction between direct and indirect discrimination, the substantive meaning of discrimination, the use of comparators, the justification analysis and standard of review, the burden of proof between parties, and the range of remedies available. With this, the book presents a granular account of intersectional discrimination in theoretical, conceptual, and doctrinal terms, and aims to transform discrimination law in the process of realizing intersectionality within its discourse. Cover Intersectional Discrimination Copyright Dedication Contents Table of Cases Table of Statutes Abbreviations Introduction 1. The Project: Realizing Intersectionality in Discrimination Law Introduction 1. Intersectionality in Discrimination Law 1.1 An Example 1.2 A Survey 2. The Project 3. The Parameters Conclusion 2. The Theory: Outlining the Intersectional Framework Introduction 1. The Idea 1.1 Sameness and Difference 1.2 Patterns of Group Disadvantage 1.3 Integrity 1.4 Context 1.5 Transformation 2. A Defence 2.1 Intersectionality and Identity 2.2 Intersectionality, Identity, and Discrimination Law 3. An Illustration 3.1 Dalit Feminism 3.2 Dalit Feminism, Black Feminism, and Intersectionality Conclusion 3. The Concept: Understanding the Category of Intersectional Discrimination Introduction 1. Causation 2. Continuum 3. Single-​axis Discrimination 3.1 Strictly Single-​axis Discrimination 3.2 Substantially Single-​axis Discrimination 3.3 Capacious Single-​axis Discrimination 3.4 Contextual Single-​axis Discrimination 4. Multiple Discrimination 5. Additive Discrimination 5.1 Combination Discrimination 5.2 Compound Discrimination 6. Embedded Discrimination 7. Intersectional Discrimination Conclusion 4. The Practice: Establishing an Intersectional Claim Introduction 1. Text of Guarantees 2. Grounds 2.1 The Construct of Grounds 2.2 The Test for Grounds 3. Direct and Indirect Discrimination 4. Wrongful Discrimination 4.1 The Meaning of Discrimination 4.2 Wrongful Intersectional Discrimination 5. Comparison 6. Justifications and Standard of Review 7. Evidence and Burden of Proof 8. Remedies Conclusion Conclusion Bibliography Index oso-9780198848950-Tables.pdf Atrey120419ONLAWUK_MU.pdf oso-9780198848950-Index.pdf 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 Kimberlé 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. 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. This title 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 Kimberlé Crenshaw in 1989. 30 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 and international human rights treaty bodies This book examines the concept of intersectionality as it pertains to discrimination and discrimination law in a number of jurisdictions, including the UK, US, Canada, South Africa, India, the EU, and in international law.