In this book activists, practitioners, and academics rewrite recent European Court of Human Rights judgments to respond to intersecting forms of oppression, discrimination, and other human rights harms. They illustrate how people with intersecting identities experience discrimination in complex ways that the Court often overlooks.
Using a collaborative and multidisciplinary approach, each chapter provides a vision for a jurisprudence that accounts for intersecting forms of oppression. This innovative legal paradigm of legal analysis contributes to the broader global field of critical rewrites that incorporates feminist, queer, and indigenous perspectives into existing judgments.
The book reimagines the Court’s case law through an intersectional lens, exploring issues spanning gender, race, religion, sexuality and status. Ultimately, it demonstrates how judgments that fail to consider the impacts of intersecting axes of marginalisation and oppression can be reimagined – pointing to a future where European human rights jurisprudence is more responsive.
This book is an invaluable resource for scholars and students of European law, human rights and public international law. It is also a vital read for legal practitioners and advocates working across European jurisdictions on human rights and equality for its innovative legal theory perspectives.
Arvustused
This bold and path-breaking book demonstrates how intersectionality can be deployed in legal practice to provide a contextual analysis that changes outcomes. The authors approach the re-writes with care, compassion and conviction. The volume is a must read for anybody committed to ensuring that human rights law delivers justice to marginalised and oppressed peoples, not just in Europe but around the world. -- Iyiola Solanke, University of Oxford, UK
Contents
Foreword 00
Kimberlé Crenshaw
Preface xv
Paulo Pinto de Albuquerque
1 Editors introduction 1
Lyn K.L. Tjon Soei Len, Nani Jansen Reventlow, Eddie
Bruce-Jones, and Adam Weiss
2 The complex marginalisation of domestic workers 18
Nozizwe Dube
3 The power dynamics of gender, race, and religion in hate
speech 42
Nawal Mustafa
4 Begging as crime, begging as resistance 61
Elif Ege
5 Antigypsyist exclusion from running water 88
Irmina Kotiuk
6 The persistence of antigypsyism in the right to family life 113
Vivien Brassói and Senada Sali
7 Incarceration, disability, and the criminalisation of solidarity 138
Nicolette Busuttil
8 The socio-cultural fabric of rape and its aftermath 163
Letonde A. Hermine Gbedo, Veronica Saba, and Linda Pavanello
9 Stopping states from deadnaming parents 184
Arpi Avetisyan
10 Securitisation and surveillance of LGBTQI+ people 211
Keio Yoshida and Jonathan Ward
11 Socio-economic and racial privilege and marginalisation in
environmental protest 227
Sheena Anderson and Lisa Tatu Hey
12 Colonial legacies, migration, and family separation 244
Katherine M. Zhou
13 Metadata and digital surveillance of marginalised populations 265
Sylvia Kamanja
Edited by Nani Jansen Reventlow, human rights lawyer and Founder, Systemic Justice, Eddie Bruce-Jones, Professor, SOAS, University of London, UK, Lyn K.L. Tjon Soei Len, Associate Professor, The Ohio State University, USA and Adam Weiss, Chief Programmes and Impact Officer, ClientEarth
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