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The Emerging Anti-Stereotyping Principle under Article 14 echr

Towards a Multidimensional and Intersectional Approach to Equality

In: European Convention on Human Rights Law Review
Author:
Liv N Henningsen PhD Fellow, Department of Social Sciences and Business, Roskilde University, Roskilde, Denmark, livnh@ruc.dk

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Abstract

Anti-stereotyping as a legal principle is emerging as a transformative device in European human rights law. In this article, the anti-stereotyping principle in the case law of the European Court of Human Rights (ECtHR) is analysed and discussed. The article employs a multidimensional approach to discrimination and theorises a transformative dimension in relation to the stereotyping cases. First, the early cases on stereotyping are analysed in relation to different theoretical concepts. Thereafter, the Morais case is analysed and discussed in relation to the broader case law. It is argued that the anti-stereotyping principle is instituted more authoritatively in this case but requires further theorisation. Moreover, the comparator assessment is less significant in relation to the anti-stereotyping principle. Finally, it is argued that the ECtHR should be more explicit about intersectionality in its discrimination assessments and avoid essentialism. Aspects of case law are critiqued in this respect.

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