engleski

Are we defined by our similarities or is it our differences? Precautions against intersectional cases in the EU

“ Democracy arises out of the notion that those who are equal in any respect are equal in all respects ; because men are equally free, they claim to be absolutely equal (Aristotle, Politics)” . An equal society recognizes people’ s different needs, situations and goals and removes the barriers. This definition recognises, as the current EU legal framework does not, that factors such as gender, age, disability, ethnicity, religion and sexual orientation can interact to create multiple or intersectional disadvantage. The fact that the current legislation does not expressly address multiple or intersectional discrimination leaves the most disadvantaged members of society, unable to challenge the discrimination they experience. Yet, more and different action is needed to address those inequalities that are proving particularly hard to shift, and where progress is very slow. Anti-discrimination laws are designed to combat a complex set of different “ wrongs” , which take various forms across the different equality grounds. A purpose clause would convey the basic principles and link together different concepts such as dignity, diversity, substantive equality and so on, to give a fair idea of the aims and ambitions of equality and anti-discrimination law in general. It would also give some direction to the courts on how to interpret the legislation.

diversity; European integration; multiple discrimination; race nad gender equality

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