Intersectional discrimination and fundamental rights in Germany
65-86 p.
Intersectionality is of particular importance to law. Namely, the political as well as the reflexive nature of the concept give it a particular edge, as does the epistemological genealogy in each location where it is discussed. In Germany, feminist debates in the context of identity politics, movement activism, and racism inform a particular stance against an understanding of "sections" (in intersectionality) as collectivities, which is a critique of legal groupism. In constitutional jurisprudence, this may become highly relevant. The article discusses the German Constitutional Court rulings on the headscarf controversy in public schools of secular legal systems, on marriage and families, and on access to basic resources. [Publisher's Text].
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Sociologia del diritto : 2, 2016-
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ISSN: 1972-5760
KEYWORDS
- Discriminazione multidimensionale, Legal groupism, Corte Costituzionale Federale tedesca, Decisioni sul velo, Matrimonio
- Multidimensional discrimination, Legal groupism, German Federal Constitutional Court, Headscarf decision, Marriage