Intersectional discrimination of women and girls with disabilities and the institution of ombudsman: a traffic warden at Crenshaw’s intersection

Marković, Vasilije (2022) Intersectional discrimination of women and girls with disabilities and the institution of ombudsman: a traffic warden at Crenshaw’s intersection. In: Ukrštena diskriminacija žena i devojčica sa invaliditetom i instrumenti za njihovo osnaživanje = Intersectional discrimination of women and girls with disabilities and means of their empowerment. Pravni fakultet Univerziteta u Beogradu, Beograd, pp. 169-198. ISBN 978-86-6132-040-8

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Abstract

Intersectional discrimination, as still young, and the prevailing theoretical concept does not cease to challenge the classical notion of discrimination, and the anti-discrimination legislation and case law based on it. Therefore, the issue related to the conceptual delimitation of different forms of discrimination that occurs on two or more grounds will be considered first. For this purpose, using Maconen’s classification, by intersectional discrimination we mean its notion in a narrower sense. Also, the problem of choosing comparators will be considered, through the evaluation of different models present in comparative judicial and constitutional court practice, since this problem has its direct impact on how differently organized ombudsmen can respond to the challenge of intersectional discrimination. The role of the ombudsman in the fight against intersectional discrimination against women with disabilities is proving to be very important, especially given the advantage that comes with the flexibility and wide range of activities of this institution. Therefore, the paper considers various organizational alternatives when it comes to the response of the ombudsman institution to this problem. The basic hypothesis is that a single, integrated institution that covers all prescribed grounds of discrimination is more suitable for multi-layered challenges that intersectional discrimination bring. This conclusion was reached after considering the problem of determining the comparator, but also after comparative legal analysis of the solutions contained in Sweden and Croatia. Finally, the paper will present the Serbian legislative framework and cases from the practice of the Commissioner for the Protection of Equality, as an (umbrella) single purpose ombudsman in the field of discrimination.

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