Intersectional discrimination in the European legal systems
| Author | Maria Vittoria Onufrio |
| DOI | 10.1177/1358229113514675 |
| Published date | 01 June 2014 |
| Date | 01 June 2014 |
| Subject Matter | Articles |
Article
Intersectional
discrimination in the
European legal systems:
Toward a common
solution?
Maria Vittoria Onufrio
Abstract
In the past few years, the phenomenon of multi-grounded discrimination has been
debated in the European legal and socio-logical arena under the term ‘‘intersectional dis-
crimination’’. Intersectional discrimination is referred to where an individual is discrimi-
nated against on several grounds at the same time and in such a way that these are
mutually constitutive and inseparable. Over time, new manifestations of disadvantage
at the intersections between gender, religion, race, and disability emerged in a multicul-
tural Europe. Nevertheless, the European legislature seems to follow a single-axis
approach banning only single-grounded discrimination. Although some European courts
tried to deal with cases of intersectional discrimination and a number of non-
governmental organizations and researchers have devoted considerable time and
resources in addressing the effect of multiple forms of discrimination, there is an urgent
need to ensure full and systematic recognition of intersectional discrimination at the leg-
islative level. Part I of this paper will provide an overview and analysis of the European
Union (EU) anti-discrimination Directives. Part II shows if and to what extent European
countries acknowledge and address the phenomenon of intersectional discrimination.
Part III will call for a more systematic legal response and propose a new EU Directive
addressing intersectional discrimination.
UCLA Center for the Study of Women, USA
Corresponding author:
Maria Vittoria Onufrio, UCLA Center for the Study of Women, 405 Hilgard Avenue, Los Angeles,
CA 90095, USA.
Email: vittoriaonufrio@ucla.edu
International Journalof
Discrimination and theLaw
2014, Vol. 14(2) 126–140
ªThe Author(s) 2013
Reprints and permission:
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DOI: 10.1177/1358229113514675
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