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Intersectionality as theory and method: human rights adjudication by the European Court of Human Rights

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posted on 2023-06-09, 17:16 authored by Charlotte SkeetCharlotte Skeet
This chapter focuses on intersectionality theory and methodology and draws on practical examples from my own work. Despite one of the early developments of the theory coming from legal analysis by Kimberele Crenshaw (Crenshaw 1989), outside the USA it is less often used in legal research than in sociological or political projects. Its relative absence is still particularly noticeable in my area, gender and human rights. The first part of the chapter describes intersectionality theory and charts the development of intersectionality. It also considers different methods that can be used to provide intersectional analysis, and discusses its application in the field of human rights. This section argues that failure to address intersectionality in human rights adjudication can lead either to incomplete acknowledgment of discrimination which compromises future determinations or even a complete failure to address discrimination. The second part of the chapter shows how intersectionality informed my textual analysis of decisions on claims by visibly-Muslim women in the European Court of Human Rights. In particular I discuss how women experiencing intersectional discrimination find this replicated by the European Court which deconstructs them as valid rights holders. Finally there is a recommendation for key readings.

History

Publication status

  • Published

File Version

  • Accepted version

Publisher

Routledge

Book title

The Routledge Handbook of socio-legal theory and method

Place of publication

UK

ISBN

9781138592902

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • No

Peer reviewed?

  • Yes

Editors

Naomi Creutzfeldr, Marc Mason, Kirsten McConnachie

Legacy Posted Date

2019-04-03

First Compliant Deposit (FCD) Date

2019-04-02

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