Demarginalizing Intersectionality within Non-Discrimination Law: Critically Analysing the EU Single-Axis Non-Discrimination Framework
PhD student: Mrs N. Dube
Promotors: A. Broderick, Mrs S. Imamovic
Duration: 1/9/2022 - 31/8/2026
In order to achieve substantive and inclusive equality within the European Union, all forms of discrimination must be addressed. This includes intersectional discrimination, which describes a situation whereby multiple grounds of discrimination interact simultaneously, causing compounded disadvantage. While the Court of Justice of the European Union (CJEU) is confronted with cases of intersectional discrimination, it does not implement intersectionality in its case law, partly due to the fragmentation of the EU equality directives and the single-axis EU equality framework that focuses on one discrimination ground at a time. The CJEU thus fails to acknowledge victims of intersectional discrimination. In an effort to advance the acknowledgment of intersectionality within the EU, this research project provides recommendations for three actors: the EU legislator, the CJEU and EU policy makers. For the formulation of recommendations for the CJEU, this research project compares how the Constitutional Court of South Africa, the European Court of Human Rights and the Supreme Court of USA acknowledge intersectionality within their case law. For EU legislative and policy recommendations, this research analyses the findings of the comparative research and conducts interviews with strategic litigators in the different aforementioned jurisdictions.