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Poverty as Misrecognition: What Role for Antidiscrimination Law in Europe?
Human Rights Law Review ( IF 1.150 ) Pub Date : 2021-05-19 , DOI: 10.1093/hrlr/ngab016
Sarah Ganty

It is widely agreed that victims of discrimination on traditional status grounds such as gender and race are overrepresented among the poor and undereducated. People living in poverty also face discrimination because of their socioeconomic situation. Many national, European and international antidiscrimination provisions prohibit discrimination on grounds that are related to a person’s socioeconomic situation. It is striking, however, that this is hardly applied in practice. On the basis of domestic—Belgian, French and British—and European material, this paper argues that the prohibition of discrimination on grounds of social condition is an empowering legal tool in the protection of disadvantaged people, especially regarding issues of misrecognition. Four reasons for this are considered: the determining role of the prohibition of discrimination on grounds of social condition in applying a direct scrutiny of the socioeconomic underprivileged situation of the applicants, its role in combating stereotypes and stigma against poor people, its important cross-cutting function in cases of multiple discrimination, and its exclusive applicability in some occurrences of discrimination.

中文翻译:

作为错误认识的贫困:反歧视法在欧洲的作用是什么?

人们普遍认为,由于性别和种族等传统地位原因而遭受歧视的受害者在穷人和未受教育者中的比例过高。生活贫困的人也因其社会经济状况而面临歧视。许多国家、欧洲和国际反歧视条款禁止基于个人社会经济状况的歧视。然而,令人惊讶的是,这在实践中几乎没有应用。基于国内(比利时、法国和英国)和欧洲的材料,本文认为禁止基于社会条件的歧视是保护弱势群体的授权法律工具,尤其是在误认问题上。考虑到这四个原因:
更新日期:2021-05-19
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