Towards intersectionality in the European Court of Human Rights: the case of B.S. v Spain

Yoshida, Keina (2013) Towards intersectionality in the European Court of Human Rights: the case of B.S. v Spain Feminist Legal Studies, 21. pp. 195-204. ISSN 0966-3622
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The term ‘intersectionality’ recognises the need for a ‘holistic approach’ in the determination of the right to be free from discrimination and violence. While the European Court of Human Rights has never expressly used the term, this article argues that the recent case of B.S. v Spain provides an example of a more robust use of Article 14 of the convention taking into account the real life experiences of those facing intersectional discrimination. The decision recognising the special vulnerability of a migrant, female sex worker is therefore both welcome and necessary.

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