Intersectional discrimination and EU law
Time to revisit Parris
Bibliographic Data
| ID | 12573240 |
|---|---|
| Authors | Erica Howard (0000-0003-0848-5033, Middlesex University, corresponding author) |
| Year | 2024 |
| Volume | 24 |
| Issue | 4 |
| Pages | 292-312 |
| Publication date | 2024-09-15 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Discrimination and the Law (JOURNAL) |
| Journal identifiers | ISSN: 1358-2291 • E-ISSN: 2047-9468 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/13582291241285336 |
| OpenAlex | W4402576313 |
| Language | EN |
| References cited | 9 |
In this article it is argued that the CJEU judgment in Parris needs to be revisited to recognise that intersectional discrimination is covered by the EU anti-discrimination Directives. There are several reasons for this. First, a prohibition of intersectional discrimination is now laid down in an EU anti-discrimination Directive (Directive, 2023/970/EC); second, this would fit in with developments in the EU Commission, Council and Parliament; third Parris turns on its own facts; fourth a purposive or capacious interpretation of these Directives already allows for such discrimination to be included in the Directives; fifth, the shift in CJEU case law towards a intra-group comparison for discrimination can make comparisons in intersectional discrimination cases easier. It is argued that without acknowledging that intersectional discrimination is covered by the EU anti-discrimination Directives, victims of such discrimination, like Mr Parris and others, like headscarf wearing women, might be left without a remedy when they suffer discrimination on a combination of grounds
Law and economics · Political science · Sociology · Corporate Governance and Law · Discrimination and Equality Law · Law · Taxation and Legal Issues
| Highly cited | No |
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