Tesi etd-06292021-122904 |
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Tipo di tesi
Tesi di laurea magistrale LM5
Autore
TARDANICO, MARTINA
URN
etd-06292021-122904
Titolo
La discriminazione di genere nel sistema internazionale di diritti: una prospettiva intersezionale
Dipartimento
GIURISPRUDENZA
Corso di studi
GIURISPRUDENZA
Relatori
relatore Prof. Marinai, Simone
Parole chiave
- anti-discriminatory law
- CEDAW
- gender discrimination
- human rights
- international law
- intersectionality
Data inizio appello
19/07/2021
Consultabilità
Non consultabile
Data di rilascio
19/07/2091
Riassunto
The aim of this work is to explore the possibilities of applying intersectionality in international anti-discrimination law.
The word intersectionality was first used by Kimberlé Crenshaw, an American black academic and activist, who created this concept and introduced it to the legal field. According to Crenshaw, some people experience a specific condition of oppression, which is caused by more than one factor of discrimination, due to their race, sex, gender or religion. For this reason, it is therefore necessary to use a method that looks at all the reasons together.
Since this concept was created, it has gained popularity among the social sciences, with little consideration in law. Despite this lack of awareness, intersectionality offers a useful method for addressing situations of discrimination, particularly those in which people experience more than one cause of discrimination.
The single-axis approach used in the human rights arena has proven to be unsuitable for embracing all personal identities because it requires examining one ground at a time; thus it is impossible to understand the actual violation incurred. This situation is particularly common in the lives of some women who experience social, economic, religious, racial (and so on) marginalization.
The Convention on the Elimination of All Forms of Discrimination against Women is a good example of how intersectionality can be used in the international rights system, but it has some weaknesses, mainly due to the lack of a normative definition.
Considering all available sources, we will try to understand what the future of intersectionality is, if any, and how it can be a useful tool for international anti-discrimination law.
The word intersectionality was first used by Kimberlé Crenshaw, an American black academic and activist, who created this concept and introduced it to the legal field. According to Crenshaw, some people experience a specific condition of oppression, which is caused by more than one factor of discrimination, due to their race, sex, gender or religion. For this reason, it is therefore necessary to use a method that looks at all the reasons together.
Since this concept was created, it has gained popularity among the social sciences, with little consideration in law. Despite this lack of awareness, intersectionality offers a useful method for addressing situations of discrimination, particularly those in which people experience more than one cause of discrimination.
The single-axis approach used in the human rights arena has proven to be unsuitable for embracing all personal identities because it requires examining one ground at a time; thus it is impossible to understand the actual violation incurred. This situation is particularly common in the lives of some women who experience social, economic, religious, racial (and so on) marginalization.
The Convention on the Elimination of All Forms of Discrimination against Women is a good example of how intersectionality can be used in the international rights system, but it has some weaknesses, mainly due to the lack of a normative definition.
Considering all available sources, we will try to understand what the future of intersectionality is, if any, and how it can be a useful tool for international anti-discrimination law.
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