PDF European Union Non-Discrimination Law and Intersectionality

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  2. Main aim of the action
  3. Intersectional discrimination in EU gender equality and non-discrimination law
  4. Non discrimination
  5. Non discrimination

Generally, however, there are three main ways in which such discrimination may manifest itself.


The first is when a person suffers discrimination on different grounds on separate occasions. For example, a gay woman might claim that she has been subject to harassment both because she is a woman and because she is gay. Black women share some experiences in common with both white women and black men, but they also differ in important respects.

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Thus while white women may be the victims of sex discrimination, they may also be the beneficiaries and even the perpetrators of racism. Conversely, black men may experience racism but be the beneficiaries and perpetrators of sexism.

Main aim of the action

It is this type of discrimination which is the subject of this thematic report. This portal is not fully functional with JavaScript disabled. Please enable JavaScript on your machine. Sign in.

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Basket 0. Resize text to normal Resize text to larger Resize text to larger. More search options Query Wizard Browse by subject. Intersectional discrimination in EU gender equality and non-discrimination law. Chapter 7 of the report examines the extent to which existing jurisprudence from the Court of Justice might be understood as reflecting intersectionality.

In Chapter 8 of the report, the focus is on positive duties and mainstreaming. The final chapter briefly considers positive action and mainstreaming in EU policies. The report concludes by reiterating that it is possible to incorporate the perspectives of intersectionality into EU law as it currently stands without requiring new amendments, although, of course, it would be of considerable assistance if the scope and reach of the directives were to be harmonised.

Intersectional discrimination in EU gender equality and non-discrimination law

The first step is to generate a greater awareness of and sensitivity to the ways in which cross-currents of different sources of discrimination impact on people in different contexts. This requires equality bodies and other civil society organisations to pay specific attention to raising awareness of the issues and to monitor intersectionality through their reports and other investigatory powers they might have.

There are already good examples of such activity in some member states. Once the issues are properly identified, then equality bodies and others are in a position to determine how to tackle them.

Mainstreaming and proactive measures which can target the most vulnerable groups are in principle better able to deal with structural issues than litigation. But litigation also plays an important role, first because it gives affected individuals the opportunity to articulate their own claims and, secondly, because there is scope for framing selected strategic litigation, as best practice from the states surveyed showed.


Non discrimination

Remedies should be effective and dissuasive, both through compensating individuals but equally importantly through addressing structural issues, such as policies and practices which have a particular effect on the most disadvantaged groups. It is hoped that at EU level, active inclusion policies and future strategic plans will more actively include strategies based on the intersectional analysis here, and not just for gender but for intersectionality across all the grounds.

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Non discrimination

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