Inclusive Democracy: Reflecting on Gender and Intersectionality Issues Literature Review and Practical Development

Abstract

This paper aims to provide an overview of the literature concerning the concept of intersectionality and its applications in the legal realm, with special regard with its relationship with human rights law. To do so, it firstly deals with the origins of the concept and subsequently focuses on its application in the legal realm. Regarding legal studies, intersectionality has initially been linked to non-discrimination law, which still constitutes the main area where it has been addressed theoretically and practically. Nevertheless, intersectionality’s theoretical and practical reach is broadening. In particular, human rights law is being enriched by intersectional perspectives, beyond considerations concerning non-discrimination. The second part of the paper focuses on the developments of the concept of intersectionality in human rights law in general and in some specific areas thereof, i.e. climate change law, migration law, emergency law, and democratic innovations.