15 research outputs found
Anti-Discrimination Exceptionalism: Racist Violence before the ECtHR and the Holocaust Prism
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence against racial minorities, the Court has so far failed to adequately address Article
14 discrimination claims raised by the victims. We posit that this could be caused in part by what we call the ‘Holocaust Prism’. Put briefly, the experience of the Holocaust has shaped the manner in which continental European courts understand racism and race discrimination, at least (or especially) when it is combined with violence. Paradoxically, this entails that in the most heinous cases of race discrimination, the discrimination threshold is raised to the level of criminal conduct. Moreover, to the extent that it is, only
the ethnic dimension of such discrimination is foregrounded even in cases that present obvious intersectional (for example, ethnicity plus gender) dimensions. We exemplify this phenomenon by discussing recent case law on forced sterilization of Roma women and argue that the Court should become aware of this issue, recognize intersectional discrimination and align its case law on racist violence with the discrimination doctrine emerging in its gender violence and educational race segregation cases, both for the sake
of internal consistency and to better capture the structural nature of racial discrimination in Europe
REGINE or “Gender Goes Legal in France”
Like in other French scientific disciplines, gender has a hard time establishing itself as a legitimate approach in French legal studies. Nevertheless, whereas one can observe some changes occurring in social sciences and the humanities, French legal academy has been particularly impenetrable to feminist legal theory and gendered approaches to legal analysis. This article will first explain why this is the case and then describe how a new project, entitled REGINE, intends to address and overcome some of the obstacles.
Key words: feminist legal theory, France, legal analysis, REGINE
RÉGINE, Ce que le genre fait au droit
Actes de la journée d'étude du 19 septembre 2012 : "Ce que le genre fait au droit"International audienc
Razza, discriminazioni e istituzioni
Razza, discriminazioni, istituzioni. Fascicolo monografico di "Rivista trimestrale di scienza dell'amministrazione