INTERSECTIONAL DISCRIMINATION: AN ADEQUATE HUMAN RIGHTS REGIME?

Abstract

This paper will attempt to understand whether the human rights regime account for an intersectional form of discrimination. To delve into this topic, it is important to understand the different elements of the statement, especially intersectional discrimination.

Intersectional discrimination also referred to as multiple discrimination, as a concept has gained traction and recognition only recently, not without credit to the fourth wave of feminism. In fact, intersectionality is a key concept of the fourth wave of feminism. Another important and critical characteristic of the fourth wave of feminism is the use of the internet as a tool to spread ideas and participate. 

However, the term ‘intersectional’ discrimination was used in the academic circles as early as 1989. The term was coined by Kimberlé Crenshaw, an African-American woman, in the context of feminism for her paper Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics. She uses multiple American cases to demonstrate that if a black woman were to file a suit for being discriminated against as an African-Americans as well as a woman, courts would dismiss them as they would demand a singular cause of action – race or sex discrimination. Courts would deny them justice as ‘black women’ are not a recognized class that is discriminated against. This is where she brings up intersectionality, which is best defined by the European Institute for Gender Equality, intersectional discrimination is “discrimination that takes place on the basis of several personal grounds or characteristics/identities, which operate and interact with each other at the same time in such a way as to be inseparable.” These identities and characteristics can range from sexual orientation, gender and ability to race, caste and class.