Multidimensional discrimination and the law : views and experiences from a German perspective
87-105 p.
Experiences of discrimination can rarely be traced back to one single categorisation, hence multidimensional discrimination is the rule rather than the exception in everyday life. However, capturing multidimensional discrimination by law is a challenge hardly met in Germany. Reasons may be found in the applicable regulation (particularly § 4 AGG), which artificially divides discrimination experiences into different legal categories and thus remains in a single-axis understanding of discrimination. Post-categorial concepts of anti-discrimination law, as currently debated, promise to cope with this challenge. They shift the perspective from finding "reasons" of discrimination on part of the discriminated person to highlighting the identifying attributive practices on part of the discriminator instead. These approaches also could help courts to take multidimensional and hitherto legally unknown forms of discrimination into consideration and thereby further develop anti-discrimination law [Publisher's Text].
Is part of
Sociologia del diritto : 2, 2016-
Articles from the same issue (available individually)
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ISSN: 1972-5760
KEYWORDS
- Attribuzione sociale di categorie, Struttura unidimensionale del diritto, Approcci post-categoriali, "Controversie sul velo", "Controversie sulle discoteche"
- Social ascription of categories, One-dimensional structure of law, Post-categorial approaches, "Headscarf-cases", "Disco-cases"