Discrimination is one of the most common human rights violations and is prohibited under
human rights law. The principles of equality in rights and dignity, and freedom from
discrimination were outlined in the first two articles of the Universal Declaration on
Human Rights:
All human beings are born free and equal in dignity and rights (Article 1)
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind (Article 2).
People might be discriminated against because of one or more characteristics that
are part of, or are perceived as part of their identity. People have multiple layers to
their identity and may define themselves, or be defined by others, according to
various criteria, including gender, sex, sexual orientation, nationality, ethnicity, social
status, disability, religion and so on.
The concept of multiple discrimination recognises that discrimination can occur
on the basis of more than one perceived characteristic. For example, a person who
is discriminated on the grounds of their ethnicity may be also discrimination on the
grounds of gender, sexual orientation, age, and so on. Such discrimination can, and
often does, create cumulative disadvantage.
In 1995, the World Conference for Women, held in Beijing, drew attention to the fact
that age, disability, social and economic status, ethnicity and race can create
particular barriers for women. This led to the development of a framework for
recognising multiple and coexisting forms of discrimination, which became part of the
Beijing Platform for Action55.
In her study on intersectionality in the European Union, Sandra
Fredman proposes three main ways in which discrimination on
more grounds than one can be conceptualised
Sequential multiple discrimination – when a person suffers discrimination on different
grounds on separate occasions. For example, a woman with a disability might suffer
discrimination once because of her gender and on another occasion because of her
disability. This type of discrimination is the easiest to deal with, because each
incident can be assessed individually, and judged accordingly.
Additive multiple discriminadditiveation – when a person suffers discrimination on the
same occasion but on two grounds, for example a gay woman is harassed because
she is woman and gay. This type of discrimination is additive, because each of the
grounds can be identified independently.
Intersectional discrimination – happens when two or multiple grounds operate
simultaneously and interact in an inseparable manner, producing distinct and specific
forms of discrimination.
For example, a young Roma woman is discriminated in the labour market because
she is Roma and is perceived to be ‘dangerous’, because she is a woman, and is
therefore ‘bound to have children soon’, and because she is young and therefore
unexperienced. In particular circumstances, the combination of these factors
creates a negative synergy, so that the discrimination cannot be fully understood
as the addition of criteria alone. In being considered unexperienced and
incompetent, the woman shares certain experiences of discrimination with young
people; in being assumed to fit into a traditional role, she shares experiences with
other women; and in being perceived as dangerous, she shares experiences with all
Roma, including men. However, it is the particular intersection of all these
factors that makes her case individual56.
Multiple discrimination, including intersectional discrimination, are relatively recent
concepts, which although now widely accepted, have not yet been fully reflected
within the law and legal practice. Anti-discrimination law and its associated practice
has traditionally taken a single-axis perspective, identifying and addressing single
grounds in cases of discrimination.
Studies have shown an absence of data and legal mechanisms capable of
dealing with intersectional discrimination at European level. Research into
certain areas, for example women from disadvantaged communities, has produced
some evidence that intersectional experiences of discrimination exist, and
that policy and practice need to address all dimensions.
An intersectional approach to discrimination
Since the emergence of the term in 1989, intersectionality has been engaged in three
main ways:
applying an intersectional framework of analysis within research and teaching, particularly
as applied to specific issues - for example, the interaction of disability and gender within the
labour market;
developing intersectionality as a theory and methodology;
employing an intersectional lens to inform political interventions and advocacy work from
NGOs and other campaigning organisations57.
An intersectional analysis can be a useful tool for challenging the way that discrimination is
perceived by society and at a legal level. It is primarily an analysis of the structures of power
operating in context specific situations, and serves the purpose of making visible
experiences of discrimination that would otherwise be lost within a single grounds analysis.
An intersectional analysis can help to make the experiences of Muslim LGBT+ visible and
the particular vulnerabilities they may face as Muslims exposed to islamophobia, as women
exposed to sexism, as LGBT+ exposed to homo or transphobia.
What intersectional studies have revealed is that:
Using a single grounds approach, victims are presented in essentialist terms, which can
render minorities within a minority invisible in the public sphere - both in broader society and
within the minority group. They are also likely to suffer from discrimination within the
minority group;
Victims are more likely to experience more instances of discrimination than shown by single
grounds approaches;
Victims are more likely to suffer from aggravated forms of discrimination, which are often
more intense and make the person more vulnerable in society;
Victims are more likely to suffer from structural inequalities in society, to be at risk of
poverty, social exclusion and marginalisation.
Substantive equality is understood as furthering equality of opportunity through four
main functions:
Redressing disadvantage (the redistributive dimension)
Addressing stigma, prejudice, stereotyping and violence (the recognition dimension)
Enabling participation and giving a voice to those disadvantaged (the participative
dimension)
Accommodating difference through structural change (the transformative dimension)58
