The Phenomenon of Multiple Discrimination and Its Protection under the Anti-Discrimination Legislation

Poposka, Zaneta (2014) The Phenomenon of Multiple Discrimination and Its Protection under the Anti-Discrimination Legislation. Зборник на трудови од Прва меѓународна научна конференција „Општествените промени во глобалниот свет“, 1 . pp. 113-126. ISSN 978-608-244-129-0

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The phenomenon of multiple discrimination has been recognized in international law and the law of the European Union, subse¬quently the gender and anti-discrimination Directives, but it was not clearly defined. Thus effective protection and mechanisms for countering discrimination on multiple grounds such as racial or ethnic origin, gender, religion or belief, disability, age or sexual orientation are lacking across the board. European experiences show that there is the risk of not efficiently covering this type of discrimination with the structure of the existing anti-discrimination legislation.

This paper elaborates the position of multiple discrimination in the existing anti-discrimination legislation, specifically the European Union law. The paper analyzes the types of multiple discrimination, such as cumulative or additional discrimination and intersectional discrimination. Furthermore, the paper identifies the key challenges linked with protection of multiple discrimination cases, such as differences in the substantive and in the personal coverage of the anti-discrimination legislation, differences in the exceptions of specific discriminatory grounds, and difficulties in finding a comparator in cases of indirect multiple discrimination. Finally, the paper presents ways forward in countering multiple discrimination, especially the use of Article 14 from the European Convention on Human Rights, which contains an open list of grounds and a general justification, as well as some progressive national legislations such as the Irish Equal Status Act or the German General Act on Equal Treatment. The text uses results from research and surveys that have been conducted in the European Union and draws conclusions from the international and national case law.

Item Type: Article
Subjects: Social Sciences > Law
Social Sciences > Media and communications
Social Sciences > Political Science
Divisions: Faculty of Law
Depositing User: Zaneta Poposka
Date Deposited: 07 Oct 2016 07:47
Last Modified: 07 Oct 2016 07:47

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