Abstract

ANON ROIG, María José. Anti-Discrimination Principle and Determination of Disadvantage. Isonomía [online]. 2013, n.39, pp.127-157. ISSN 1405-0218.

The paper examines some of the limits of non-discrimination law in its current form, in view of the major legislative and jurisprudential trends underpinning it. The text reflects on the traditional interpretative boundaries and the difficulty of including in equality tests explanatory and justificatory standards capable of capturing the patterns or social structures of discrimination and more accurately identify the subjects. To this end, it proposes to extend the spectrum of reasoning in terms of indirect discrimination and material equality, using additional interpretative criteria derived from categories such as structural discrimination and intersectionality discrimination.

Keywords : Disadvantage; equality principle; indirect discrimination; structural discrimination; intersectionality.

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