Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law: A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes

Research output: Book/ReportPh.D. thesisResearch

Standard

Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law : A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes. / Xenidis, Raphaële.

European University Institute, 2020. 400 p.

Research output: Book/ReportPh.D. thesisResearch

Harvard

Xenidis, R 2020, Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law: A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes. European University Institute.

APA

Xenidis, R. (2020). Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law: A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes. European University Institute.

Vancouver

Xenidis R. Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law: A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes. European University Institute, 2020. 400 p.

Author

Xenidis, Raphaële. / Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law : A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes. European University Institute, 2020. 400 p.

Bibtex

@phdthesis{8a6da9617d6d435e93e5b06cc3749b2d,
title = "Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law: A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes",
abstract = "This Ph.D. thesis investigates the deployment in European non-discrimination law of a range of critical theoretical insights commonly understood under the term ‘intersectionality’. In equality law, intersectionality and related critical repertoires mobilise external (mainly sociological) scientific discourses about the multidimensionality and complexity of inequalities to expose how the categorical understanding of disadvantage prevailing in non-discrimination law excludes from its scope of protection certain minority groups situated at the crossroads of several axes of inequality. While legal scholars have deplored the lack of consideration for the intersectionality critique in judges’ dealings with discrimination and have normatively applied intersectionality to argue what non-discrimination law and doctrine ought to be, little research has been conducted into how various legal participants actually seize and operationalise intersectionality. Combining critical legal theory with a socio-legal approach, this thesis proposes to fill this gap by offering a ‘law in action’ account of the mobilisations of the intersectionality critique by legal participants in three main sites: advocacy and the law-making process; litigation and the framing of legal claims; and doctrine and judicial reasoning. It focuses on two case studies: the non-discrimination law regimes of the European Union and the Council of Europe. The aim is to understand how and why legal actors operate intersectionality as a critical and transformative frame in European non- discrimination law and how these discursive mobilisations impact the legal protection of equality. This thesis thus explores the role of various epistemic workers, norm entrepreneurs and legal engineers in translating, elaborating, diffusing and operating intersectionality in European non- discrimination law. It exposes how these actors seek to shift the core legal analytical and hermeneutical tenets of the non-discrimination doctrine to expand existing legal opportunities for equality claims. Finally, this dissertation shows how judges’ response to intersectionality has extended the boundaries of non-discrimination rights in European equality jurisprudence.",
keywords = "Faculty of Law, intersectionality, Non-discrimination law, Equality, Legal theory, Legal mobilisation",
author = "Rapha{\"e}le Xenidis",
year = "2020",
language = "English",
publisher = "European University Institute",

}

RIS

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T1 - Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law

T2 - A Study of the European Union and the Council of Europe Non-Discrimination Law Regimes

AU - Xenidis, Raphaële

PY - 2020

Y1 - 2020

N2 - This Ph.D. thesis investigates the deployment in European non-discrimination law of a range of critical theoretical insights commonly understood under the term ‘intersectionality’. In equality law, intersectionality and related critical repertoires mobilise external (mainly sociological) scientific discourses about the multidimensionality and complexity of inequalities to expose how the categorical understanding of disadvantage prevailing in non-discrimination law excludes from its scope of protection certain minority groups situated at the crossroads of several axes of inequality. While legal scholars have deplored the lack of consideration for the intersectionality critique in judges’ dealings with discrimination and have normatively applied intersectionality to argue what non-discrimination law and doctrine ought to be, little research has been conducted into how various legal participants actually seize and operationalise intersectionality. Combining critical legal theory with a socio-legal approach, this thesis proposes to fill this gap by offering a ‘law in action’ account of the mobilisations of the intersectionality critique by legal participants in three main sites: advocacy and the law-making process; litigation and the framing of legal claims; and doctrine and judicial reasoning. It focuses on two case studies: the non-discrimination law regimes of the European Union and the Council of Europe. The aim is to understand how and why legal actors operate intersectionality as a critical and transformative frame in European non- discrimination law and how these discursive mobilisations impact the legal protection of equality. This thesis thus explores the role of various epistemic workers, norm entrepreneurs and legal engineers in translating, elaborating, diffusing and operating intersectionality in European non- discrimination law. It exposes how these actors seek to shift the core legal analytical and hermeneutical tenets of the non-discrimination doctrine to expand existing legal opportunities for equality claims. Finally, this dissertation shows how judges’ response to intersectionality has extended the boundaries of non-discrimination rights in European equality jurisprudence.

AB - This Ph.D. thesis investigates the deployment in European non-discrimination law of a range of critical theoretical insights commonly understood under the term ‘intersectionality’. In equality law, intersectionality and related critical repertoires mobilise external (mainly sociological) scientific discourses about the multidimensionality and complexity of inequalities to expose how the categorical understanding of disadvantage prevailing in non-discrimination law excludes from its scope of protection certain minority groups situated at the crossroads of several axes of inequality. While legal scholars have deplored the lack of consideration for the intersectionality critique in judges’ dealings with discrimination and have normatively applied intersectionality to argue what non-discrimination law and doctrine ought to be, little research has been conducted into how various legal participants actually seize and operationalise intersectionality. Combining critical legal theory with a socio-legal approach, this thesis proposes to fill this gap by offering a ‘law in action’ account of the mobilisations of the intersectionality critique by legal participants in three main sites: advocacy and the law-making process; litigation and the framing of legal claims; and doctrine and judicial reasoning. It focuses on two case studies: the non-discrimination law regimes of the European Union and the Council of Europe. The aim is to understand how and why legal actors operate intersectionality as a critical and transformative frame in European non- discrimination law and how these discursive mobilisations impact the legal protection of equality. This thesis thus explores the role of various epistemic workers, norm entrepreneurs and legal engineers in translating, elaborating, diffusing and operating intersectionality in European non- discrimination law. It exposes how these actors seek to shift the core legal analytical and hermeneutical tenets of the non-discrimination doctrine to expand existing legal opportunities for equality claims. Finally, this dissertation shows how judges’ response to intersectionality has extended the boundaries of non-discrimination rights in European equality jurisprudence.

KW - Faculty of Law

KW - intersectionality

KW - Non-discrimination law

KW - Equality

KW - Legal theory

KW - Legal mobilisation

M3 - Ph.D. thesis

BT - Beyond the ‘Master’s Tools’: Putting Intersectionality to Work in European Non-Discrimination Law

PB - European University Institute

ER -

ID: 249485498