Višestruka i intersekcionalna diskriminacija – koncept, definicije i uvođenje u zakonodavstvo

Dokmanović, Mirjana (2017) Višestruka i intersekcionalna diskriminacija – koncept, definicije i uvođenje u zakonodavstvo. Pravni život : list za pravna pitanja i praksu, 66 (10). pp. 211-226. ISSN 0350–0500

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Abstract

It is slowly to be recognized that addressing discrimination from the perspective of a single axes fails to capture or tackle adequately the various manifestations of unequal treatment that people may face in their daily lives. Discrimination can be based on more than one ground. Additive discrimination would signify instances of discrimination where the role of the different grounds can still be distinguished. Compound discrimination refers to cases where one ground adds to another ground to create an added burden. Intersectional discrimination arises out of the combination of two or more in separate grounds. Legal systems often deal with discrimination claims solely as single-ground claims or, even when they do recognize multiple claims, they fail to distinguish intersectional claims from additive or compound claims. Intersectionality highlights the flaws in antidiscrimination laws that focus on one ground at a time, because they ignore the fact that everyone has multiple identities and assume that everyone within an identity group is the same, obscuring real differences within groups. Yet creating appropriate legal and policy responses to disadvantage based on a variety of grounds has proved difficult.

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