Multidimensional Discrimination in Judicial Practice: A Legal Comparison between Denmark, Norway, Sweden and the Netherlands. Issue 4 (December 2014)

• Record Type: Journal Article
• Authors: Jonker, Merel; Halrynjo, Sigtona
• Is Part Of: Netherlands quarterly of human rights. Volume 32:Issue 4(2014)
• Page Start: 408
• Page End: 433
• Publication Date: 2014-12
• Subjects: comparator -- gender -- intersectionality -- multidimensional discrimination -- national equality bodies; Human rights -- Periodicals; 341.48
• DOI: 10.1177/016934411403200405
• Languages: English
• ISSNs: 0924-0159

Abstract

The concept of multidimensional discrimination is claimed to pose considerable challenges for judicial practice. The methods for tackling discrimination on more than one ground have been extensively discussed in the literature but not yet comprehensively analysed empirically. The present study compares and analyses the case law of the Dutch, Norwegian, Swedish and Danish equality bodies concerning gender-plus discrimination in the labour market. Based on 74 cases, the comparison shows that neither integrated equality bodies nor anti-discrimination legislation is a prerequisite to protect against multidimensional discrimination, and that the appointment of comparators occurs on pragmatic grounds. These findings suggest that multidimensional discrimination can be adequately dealt with in judicial practice.