Breaking the invisible cage: limits of law in structural discrimination

Matijević, Milica V. and Zdravković, Ana (2024) Breaking the invisible cage: limits of law in structural discrimination. Diritto, Immigrazione e Cittadinanza (3). pp. 1-18. ISSN 1972-4799

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Abstract

The paper aims to map elements for a legal definition of structural discrimination as a complex form of discrimination with far-reaching implications across various societal domains. By drawing on sociological theories, it elucidates the relationship between structural inequalities and entrenched social processes and argues that structural discrimination arises from historically established social structures that perpetuate disadvantage for certain groups. The analysis investigates whether the concept of indirect discrimination is an appropriate answer to this challenge. Finally, it seeks to clarify the relationship between structural discrimination and substantive equality, ultimately contributing to a more nuanced understanding of how far we can go in using legal tools to combat discrimination and achieve a greater level of societal equality.

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