Multiple/Intersectional Discrimination and Multiple/Intersectional Discrimination and Potential Conflicts Between Grounds - Potential Conflicts Between Grounds -

Legal Means to Prevent and Overcome Legal Means to Prevent and Overcome

Presented by Esen Fikri , Member of the Commission for protection against discrimination –Bulgaria, Board Member of EQUINET

Commission for protection against discrimination

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Overview Overview

What does multiple discrimination mean and why we are discussing it ?

Several meanings and definitions – different approaches and examples

Legal provisions for combating multiple discrimination EU study Tackling Multiple Discrimination -Practices,

policies and laws - Some practical suggestions

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What does multiple discrimination mean?

Discrimination on more than one ground Combination of discrimination on different grounds Discrimination on combined grounds

“Multiple Discrimination” will be applied as an umbrella term for all situations where discrimination occurs on more than one ground

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I. What does multiple discrimination mean I. What does multiple discrimination mean and why we are discussing it ?and why we are discussing it ?

3

Why we are discussing it ?

• Human beings – complex of diversity , multiple identity some examples- Disabled women- Elderly black people- Elderly disabled women - Gay disabled people- Black/Minority women - Minority /Muslim young men - Elderly gay people- And so on … in fact all of us

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Tackling Multiple Discrimination - Practices, policies and laws, publication of the EC, DG Employment, social affairs and equal opportunities ,2007 5

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Tackling Multiple Discrimination - Practices, policies and laws, publication of the EC, DG Employment, social affairs and equal opportunities ,2007

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Tackling Multiple Discrimination - Practices, policies and laws, publication of the EC, DG Employment, social affairs and equal opportunities ,2007

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“I was born as a woman. Now I am a straight transsexual man”

The statistics of the CPD in 2008 shows :

- In 2008 58 case files for alleged multiple discrimination have been initiated – 31% more than in the previous year

- Comparison between grounds found in combination in the complaints for multiple discrimination:

personal status - in 27 case filesdisability - in 25 case filesethnic origin – in 20 case filesage - in 12 case filessocial status - in 10 case filespolitical convictions - in 11 case files

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- Combination of grounds found in the multiple discrimination complaints:

Most frequently combinations personal status and age - in 8 case filesdisability and age - in 6 case filesethnic and political belonging - in 4 case filesethnic origin and origin - in 3 case filespersonal status and age – in 3 case fileseducation and personal status – in 2 case files

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-Number of grounds in multiple discrimination Complains2 grounds – in 43 case files3 grounds – in 10 case files4 grounds – in 4 case files5 grounds – in 1 case file

Complains on multiple discrimination are increasing The victims are looking more often for recognition of

the multiple identities and multiple discrimination Problems of growing legal and factual complexity

are referred to the CPD Bulgarian society is becoming more sensitive to any

unequal treatment

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Individuals can belong to several disadvantaged groups at the same time, and potentially suffer specific forms of discrimination

Single ground approach does not provide adequate protection and the full picture of the phenomenon - the implementation and enforcement of antidiscrimination legislation on an individual level is not enough to tackle the multifaceted and deep-rooted patterns of inequality experienced by some groups

In order to ensure all human beings are free from discrimination and enjoy effective protection and the right to equal treatment and equal opportunities we need to address the discrimination completely – focus on specific effects on particular individuals instead on abstract categories and generalizations !

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II.Several meanings and definitions – II.Several meanings and definitions – different approaches and examples different approaches and examples

1.Multiple discrimination – new concept -In a historical context, the concept and definition of “Multiple Discrimination” was introduced in the 1980sin the USA by the African American scholar KimberlyCrenshaw. - UN World Conference Against Racism, RacialDiscrimination, Xenophobia and Related Intoleranceheld in Durban, South Africa in 2001 - Multiple Discri-mination was recognised by the international communi-ty and actions against the phenomenon were adopted

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2.Definition and several meaning – discrimination on more than one ground

Three different forms :

2.1.discrimination on different grounds in different situations – combination of discrimination occasions

-situation where discrimination takes place on thebasis of several grounds operating separately - an ethnic minority woman may experience discrimi-nation on the basis of her gender in one situation and because of her ethnic origin in an other.

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2.2. Compound Discrimination – additive discrimina-tion - describes a situation where a person suffers discrimi-nation on the basis of two or more grounds at the same time and where one ground adds to discrimina-tion on another ground – one ground gets compounded by one or more otherdiscrimination grounds- Interaction of grounds in the same time and situation in relation of accumulation example: the employer sets up a series of requirements, such as age, working experience, good command in English and nationality – complex of criteria with point system of evaluation and rating

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The candidate did not get the job – smaller number of points by criteria age, command in English and nationality ;

The lack of one factor does not prevent the candidate getting the job but it makes it less likely, and the lack of two factors decreases yet further

his chances of selection for the job.

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2.3.Intersectional discrimination

- situation where several grounds operate and interact with each other at the same time in such a way that they are inseparable example: - roma woman did not get the vacancy job and she claims discrimination against the employer - The employer argues that it has employed non-Roma women and Roma men But, this only shows that they do not always exclude roma people or women.

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3.Problematic of the intersectional discrimination

Intersectional discrimination is currently more problematic:

Because a person wishing to claim discrimination will usually have to compare his/her treatment with someone not of the same sex/race/ disability/religion or belief/sexual orientation/ age,

But this comparison will often only be in relation to a single protected characteristic,

not with an undivided combination of characteristics

A roma woman cannot compare her treatment with that of a non- roma man, she can only compare her treatment with that a non roma woman would have received and then separately with that a roma man might have received.

To express this graphically:

Roma woman

Roma man Non-roma man

Non-roma woman

4.Some examples from Bulgaria :

4.1. Discrimination on grounds of age and gender - Judgment No. 7081 of 19.07.2005 on administrative case No. 4402/2005 of the Supreme Administrative Court

The requirement, established by the Rules for Implementation of the Integration of the People with Disabilities Act, for receiving of electric powered wheelchair - men to be under the age of 65 years and women to be under the age of 60 years .

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One of the main purposes of the Integration of People with Disabilities Act is to be secured equality for the people with disabilities.

- different criteria, leading to limitation of the rights of the people with disabilities, when there are the medical conditions for granting of technical equipment , is discrimination .- Because of that, the age limitations and different age for granting of technical equipment, depending on the gender, introduced by the Rules for Implementation of the Integration of the People with Disabilities Act, violate the prohibition against unequal treatment .Result : The court abolished the mentioned requirements, established by the Rules

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4.2.Discrimination on grounds of gender and personal status - Judgment No. 7622 of 18.07.2003 on administrative case No. 5063/2003 of the Supreme Administrative Court

Decree No. 90 of the Council of Ministers of year 2000, on the Conditions and Procedures for Providing of Scholarships for the Students, PhDs and Post-graduate Students by the State High Schools and Educational Institutions - student mothers can not receive a scholarship for the time, during which they receive benefits for pregnancy, giving birth and parenting.

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The restriction places student mothers in unequal position, comparing to the rest of the students and limits the rights of student mothers on discriminatory grounds “gender” and “personal status”.

Student mothers are treated less favorably than the other students, which have the same grades and income.

Result : The court abolished the mentioned texts of the Decree

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1.EU law Not so clear Do not expressly provide for the consideration

of multiple discrimination, Nor do they expressly prohibit it, However, the Race Equality Directive and the

Equal Treatment Directives do expressly recognise that different grounds may intersect (see recital 14 of RD).

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III. Legal provisions III. Legal provisions

2.Bulgarian law

Protection against discrimination Act –Bulgaria § 1, p.11, Additional provision"Multiple discrimination" shall mean discrimination on grounds consisting of more than one characteristic referred to in Article 4 (1).

Other European States with some Multiple Discrimination provisions

Germany Romania Austria Spain

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IV.EU study Tackling Multiple Discrimination -Practices, policies and laws

Multiple Discrimination happens in all spheres of social life.

The labour market, however, appears to be the sector where Multiple Discrimination occurs most often .

lack of visibility of Multiple Discrimination in sectors such as education, access to goods and services, Social protection

Lack of intersectional data

Recommendations- Research - Legislation- Awareness-raising - Promoting good practice

- Data Collection - Training and Education - Multiple-ground NGOs

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Thank you for your attentionThank you for your attention ! !

COMMISSION FOR PROTECTION AGAINST DISCRIMINATION

Sofia 1125,

35 Dragan Tzankov Blvd. tel. +359 2 807 3030 fax.+359 2 870 6446 e-mail: kzd@kzd.bg

www.kzd-nondiscrimination.com

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