Le discriminazioni intersezionali: un confronto tra la Corte europea e la Corte interamericana dei Diritti Umani

Intersectional discrimination: a comparison between the European and the Inter-American Court of Human Rights

Abstract

This article analyzes if the provisions of the Inter-American Convention on Human Rights and those of the European Convention on Human Rights provide protection against intersectional discrimination. The study focuses on the case-law of the Inter-American Court of Human Rights and that of the European Court of Human Rights, offering a comparative analysis of the two. The findings show that, while the Inter-American Court, starting in 2015, has developed a genuine doctrine of intersectionality review, the European Court has merely characterized victims as being in a state of particular vulnerability, without ever explicitly using the term intersectionality in its decisions.

Keywords: European Court of Human Rights; Inter-American Court of Human Rights; Intersectional discriminations; Principle of equality; Particular vulnerability