Intersectionality: from theory to law and human rights practice

Autor: Argentina, Cecilia Gebruers
Rok vydání: 2020
Předmět:
Zdroj: Perspectivas. 11:55-74
ISSN: 2545-8566
DOI: 10.19137/perspectivas-2021-v11n1a04
Popis: Intersectionality has been praised as the most important contribution that gender studies has achieved so far (McCall, 2005, p. 1771), as a result of its promising ambition to allow for more effective ways of addressing the many and complex forms of oppression that women experience (Conaghan, 2009, p. 21). At the same time, intersectionality has raised heated debates around its origin, methodologies, its relationship with identity politics and legal implications, among other disputes (Nash, 2017, p. 118). This paper has the main purpose of bringing an initial approach to the concept of intersectionality from three different dimensions: theory, law and practice. The first section will explain theoretical developments of intersectionality that will allow to introduce the main challenges the concept faces. The second section will explore how the concept was received within the legal field, and will be compared to the principle of non-discrimination, specifically in the human rights field. The third section, will analyze how theoretical and normative aspects of intersectionality were actually applied in recent decisions of the Inter- American Court on Human Rights.
Databáze: OpenAIRE