III - Intersectionality in Practice
Published online by Cambridge University Press: 25 October 2017
Summary
Introduction to the Empirical Studies
The main purpose of the empirical case studies is to discover to what extent the application of an intersectional approach to VAW contributes to revealing gaps in legislation and policies on VAW. They also provide an opportunity to explore in practice different types of intersectional approaches and reflect on their strengths and weaknesses. In addition, they show to what extent the ‘intersectional’ norms of the international framework are replicated at the national level. This introduction provides a general explanation of the choices made in relation to the case studies and explains the research approach and design.
Rationale for Selecting the Case Studies In order to explore the reach of the ‘intersectional norms’ found at international and regional levels, two countries party to CEDAW and to each of the regional human rights systems, the Council of Europe (CoE) and the Inter-American System, were selected. Moreover, these appear to be largely in compliance with international standards. In order to explore the potential of the intersectional approach for discovering hidden gaps in the already existing policies, the selected countries possess detailed and comprehensive laws and policies on VAW which prohibit and criminalise the violence, and provide services and reparation to victims.
In relation to the CoE, previous chapters have shown the potential of the theoretical and legal notion of ‘vulnerable groups’ for addressing cases of violence. This provides an opportunity to deploy a group-based intersectional approach, as described in Chapter 2, and to reflect on its potential in comparison to traditional ‘vulnerability’ approaches. The focus on Roma women as the selected group is inspired by the fact that Roma are the largest minority in Europe, suffering severe disadvantage, and are already established as a ‘vulnerable group’ by the jurisprudence of the ECtHR.
In relation to the Inter-American system, my discussion of the case law highlighted the relevance of the context of social inequality for discriminatory violence, and the attention to elements such as indigenous background, rurality and poverty.
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- Intersectionality in the Human Rights Legal Framework on Violence against WomenAt the Centre or the Margins?, pp. 169 - 172Publisher: Cambridge University PressPrint publication year: 2017