Publication
Title
Wanneer antidiscriminatiewetten deel zijn van het probleem: over macht, gender, affirmative action en het recht
Author
Abstract
Both feminist and critical race legal scholars have delivered similar but different critiques on the principle of equal treatment in the US legal context. They argue that treating likes alike and unlikes differently may, in fact, reproduce inequality. In a first part, this article joins their insights. In this way, itaims to deliver a more general critique on how equality law that rests on the principle of equal treatment legitimizes certain power structures as well as the inequalities that these dynamics produce. In a second part, this article applies the critique to the European context. Through a critical deconstruction of the European Court of Justice’s (CJEU) case law on positive action, it becomes apparent that EU equality law, as currently interpreted by the CJEU, is part of the problem it nevertheless tries to solve. Both when it mandates equal treatment between members of privileged groups and members of subordinated groups, and when it allows for different treatment of these groups, current EU equality law upholds the status quo of inequality by making power structures invisible and making it harder for Member States to act against the resulting inequality.
Language
Dutch
Source (journal)
Ethiek en maatschappij. - Gent, 1998, currens
Publication
Gent : Academia Press , 2021
ISSN
1373-0975
Volume/pages
23 :1-2 (2021) , p. 53-93
Full text (open access)
UAntwerpen
Faculty/Department
Research group
Project info
"Masculinity as property": Towards a new legal theory on the relationship between gender-based forms of privilege and the law.
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Record
Identifier c:irua:188147
Creation 09.05.2022
Last edited 22.08.2024
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