Emanzipatorisches Recht–eine queer_intersektionale Analyse

E Holzleithner - Intersektionelle Benachteiligung und …, 2014 - nomos-elibrary.de
Intersektionelle Benachteiligung und Diskriminierung, 2014nomos-elibrary.de
Protection from discrimination on the ground of sexual orientation has become an integral
part of European equality law. For the sake of ending discrimination and achieving equality,
legal reforms are requested from legislators, and specific instances of discrimination are
fought in the court system. Considering intersectional entanglements of sexual orientation
with other axes of power such as gender, ethnic origin, economic position, citizenship or
religion, one has to ask whether such emancipatory endeavours within the law are …
Abstract
Protection from discrimination on the ground of sexual orientation has become an integral part of European equality law. For the sake of ending discrimination and achieving equality, legal reforms are requested from legislators, and specific instances of discrimination are fought in the court system. Considering intersectional entanglements of sexual orientation with other axes of power such as gender, ethnic origin, economic position, citizenship or religion, one has to ask whether such emancipatory endeavours within the law are adequately inclusive: Are they capable of grasping the complex problems of people, who are not only (structurally) disadvantaged on the ground of their sexual orientation, but whose marginalization is the result of the interlocking of several different categories? Are emancipatory legal discourses at all able to do justice to the plurality within the queer community, or will they ultimately only benefit those who are able and willing to assimilate to the mainstream? Such are the questions of this paper, to be tackled by a queer-intersectional reading of emancipatory law.
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