European Union non-discrimination law and intersectionality: investigating the triangle of racial, gender and disability discrimination PDF
Preview European Union non-discrimination law and intersectionality: investigating the triangle of racial, gender and disability discrimination
EuropEan union non-Discrimination Law anD intErsEctionaLity European union non-Discrimination Law and intersectionality investigating the triangle of racial, Gender and Disability Discrimination Edited by DaGmar schiEk University of Leeds, UK and anna Lawson University of Leeds, UK © Dagmar schiek and anna Lawson 2011 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Dagmar schiek and anna Lawson have asserted their right under the copyright, Designs and patents act, 1988, to be identified as the editors of this work. published by ashgate publishing Limited ashgate publishing company wey court East suite 420 union road 101 cherry street Farnham Burlington surrey, Gu9 7pt Vt 05401-4405 England usa www.ashgate.com British Library Cataloguing in Publication Data European union non-discrimination law and intersectionality : investigating the triangle of racial, gender and disability discrimination. 1. Discrimination--Law and legislation--European union countries. 2. Equality before the law--European union countries. i. schiek, Dagmar. ii. Lawson, anna. 342.2'4087-dc22 Library of Congress Cataloging-in-Publication Data European union non-discrimination law and intersectionality : investigating the triangle of racial, gender and disability discrimination / by Dagmar schiek and anna Lawson. p. cm. includes bibliographical references and index. isBn 978-0-7546-7980-6 (hbk) -- isBn 978-0-7546-9947-7 (ebk) 1. Discrimination--Law and legislation--European union countries. 2. Equality before the law--European union countries. 3. Discrimination--European union countries. 4. Discrimination--Law and legislation--Eu- rope. 5. Equality before the law--Europe. 6. Discrimination--Europe. i. schiek, Dagmar. ii. Lawson, anna. kJE5142.E839 2011 342.2408'5--dc22 2010038023 isBn 9780754679806 (hbk) isBn 9780754699477 (ebk) contents List of Contributors vii Preface ix introduction 1 Dagmar Schiek and Anna Lawson PART I DISCRImINATIoN GRoUNDS AND INTERSECTIoNALITy: A REAPPRAISAL 1 organizing Eu Equality Law around the nodes of ‘race’, Gender and Disability 11 Dagmar Schiek 2 intersections between Disability, race and Gender in Discrimination Law 29 Theresia Degener 3 Disadvantage at the intersection of race and Disability: key challenges for Eu non-Discrimination Law 47 Anna Lawson 4 tackling the conceptual order of multiple Discrimination: situating Different and Difficult Genealogies of Race and Ethnicity 63 Ulrike M. Vieten PART II TACkLING INTERSECTIoNALITy AT NATIoNAL LEvELS 5 women with Disability in turkey and France 79 Ayse Idil Aybars 6 promises of an intersectional approach in practice? the Dutch Equal treatment commission’s case Law 97 Susanne Burri 7 intersectional Discrimination and the underlying assumptions in the French and German headscarf Debates: an adequate Legal response? 111 Stephanie Fehr 8 the status of muslim minority women in Greece: second class European citizens? 125 Stergios Kofinis vi European Union Non-Discrimination Law and Intersectionality 9 minorities’ right to Day care: Liberal tolerance or identity maintenance? 141 Kevät Nousiainen 10 Justice for the whole person: the uk’s partial success story 157 Gay Moon PART III CoNvINCING ThE JUDICIARy To ENTERTAIN INTERSECTIoNAL ANALySIS 11 identity-based Discrimination and the Barriers to complexity 177 Suzanne B. Goldberg 12 the assimilationist anti-Discrimination paradigm and the immigrant muslim woman: suggestions on how to re-conceptualize Discrimination claims 191 Lynn Roseberry 13 a Legal remedy for corpulent women of colour 209 Iyiola Solanke PART Iv INTERSECTIoNS BETwEEN GENDER, ‘RACE’ AND DISABILITy fRom EU PERSPECTIvES 14 Gendered Experiences of racial Discrimination: comparative socio-Legal research 227 Isabelle Carles, Erica Howard and Eleonore Kofman 15 Eu non-Discrimination Law and policies in reaction to intersectional Discrimination against roma women in central and Eastern Europe 241 Kristina Koldinská 16 intersectionality in Eu Law: a critical re-appraisal 259 Dagmar Schiek and Jule Mulder Bibliography 275 Index 317 List of contributors Ayse Idil Aybars, research Fellow at the center for European studies of the middle East technical university, ankara. Susanne Burri, senior Lecturer in Gender and Law, university of utrecht, Board member of Dutch handbooks on equal treatment and European labour law and co-ordinator of the European Network of Legal Experts in the field of Gender Equality (European Commission). Isabelle Carles, researcher at the interdisciplinary research Group ‘Gender and migration’ of the Free university of Brussels, coordinator of Genderace – the use of anti-Discrimination Law: Gender and citizenship in a multicultural society. Theresia Degener, professor of Law and Disability studies in the Department of social work at the protestant university of applied sciences, Bochum, Germany and Extraordinary professor of Law in the Faculty of Law at the university of the western cape, south africa. Stephanie fehr, phD candidate in non-Discrimination and Employment Law, school of Law, university of manchester. Suzanne B. Goldberg, clinical professor of Law, Director of sexuality and Gender Law clinic, and co-Director of the programme in Gender and sexuality Law at the columbia Law school, usa. Erica howard, senior Lecturer in Law, middlesex university and participant in the Eu project Genderace – the use of anti-Discrimination Law: Gender and citizenship in a multicultural society. Stergios Kofinis, phD candidate in constitutional Law at the aristotle university, supported by the Alexander S. Onassis Public Benefit Foundation. Eleonore kofman, professor of Gender, migration and citizenship and co-Director of the social policy research centre at middlesex university, London. participant in the Eu project Genderace – the use of anti-Discrimination Laws: Gender and citizenship in multicultural society, and GEmma: Enhancing Evidence-Based policy making in Gender and migration. kristina koldinská, Lecturer (JuDr.) at the charles university, prague, czech republic, assistant professor, chair of Labour Law and social security. Anna Lawson, senior Lecturer at the school of Law, university of Leeds and member of the centre for European Law and Legal studies and centre for international Governance. viii European Union Non-Discrimination Law and Intersectionality Gay moon, solicitor and independent adviser on equality law policy for the Equality and Diversity Forum, Joseph rowntree charitable trust Fellow, Director and former chair of the Discrimination Law association. Jule mulder, phD candidate at school of Law, university of Leeds, member of the centre for European Law and Legal studies. kevät Nousiainen, LLs, professor Department of criminal Law, procedural Law and Gender, university of helsinki and professor, Jurisprudence, Faculty of Law, university of turku. Lynn Roseberry, head of Department, Department of Law at copenhagen Business school, associate professor, copenhagen Business school, Denmark. Dagmar Schiek, professor of European Law, university of Leeds and Director of the centre for European Law and Legal studies, Jean monnet chair in European Law. Iyiola Solanke, senior Lecturer at the school of Law, university of Leeds, and Visiting Lecturer London school of Economics. Ulrike m. vieten, post-doc researcher in the project ‘inclusive thinking’ at the Faculty of social science, Vrije universiteit amsterdam. preface this volume emerged from the second European conference on multidimensional Equality Law, held in Leeds on 29 march 2009. that conference was part of a series of European conferences on Multidimensional Equality Law designed to provide a forum for critical reflection on legislative and jurisprudential developments in Eu equality law – a body of law which has been transformed from one focused on gender equality law into a multi-ground affair with a multiplicity of policy aims. the First European conference on multidimensional Equality took place in may 2007 and generated the sister-volume of this book (schiek and chege 2009). the European commission plays a pivotal role in the development and shaping of Eu equality law. as well as proposing relevant legislation and policy initiatives, it provides funding for most of the European level non-governmental organizations working in the field and also for a sizeable proportion of the relevant academic work. it has even paid for another ‘First European conference’, the First European conference on multiple Discrimination held in December 2007 in Denmark, disseminating the results of a commission study (European commission 2007a). the European conferences on multidimensional Equality Law base themselves mainly on other funding, and therefore provide a valuable space for critical reflection which is entirely independent of the commission. The provision of a forum for independent reflection is important and we would like to express our thanks to those who made it possible for us to offer this by supporting the series of European conferences on multidimensional equality law. we are grateful for the participation of speakers at the first conference, the participation of others who joined only at the stage of the second conference and also for the contributions of some authors who provided chapters only after the second conference in order to make this a comprehensive book rather than simply a collection of conference papers. Further, sincere thanks are due to several institutions and individuals who contributed to this process. these include the main sponsor of the conference, the British academy. they also include the school of Law at the university of Leeds, which supported this publication through its strategic development funds (which were used to fund a language check of chapters written by non-native speakers of English). Dr paul skidmore’s contributions to the editing process again went considerably beyond the language check, for which he was commissioned. Jule mulder also provided invaluable support with the whole editing process in the summer of 2010. we are extremely grateful for their professionalism and their very hard work. Dagmar Schiek and Anna Lawson
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