Activities of Lucia ĎURIŠ NICHOLSONOVÁ related to 2021/2243(INI)
Shadow opinions (1)
OPINION on intersectional discrimination in the European Union: the socio-economic situation of women of African, Middle-Eastern, Latin-American and Asian descent
Amendments (19)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas many women face intersecting inequalities and discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination such as race, colour, ethnic or socio-economal origin, genetic stfeatures, age, sexual orientation, gender identity and expression, sex characteristics, genetic features, religion or belief, nationality, residence status, or disability, among others, in a way that they are inseparable and produce specific types of discriminationlanguage, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, among others, in a way that they are inseparable and produce synergistic effects, resulting in a qualitatively different and specific types of discrimination as well as disadvantage because of the confluence of different identities;
Amendment 5 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas intersectional discrimination is a distinct category from multiple discrimination which is additive in nature in that each type of discrimination can be proved and treated independently as if it were a single ground; whereas this does not apply to intersectional discrimination in which the grounds of discrimination are intertwined, creating a unique type of discrimination;
Amendment 8 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the reliance by anti- discrimination law on a single ground analysis renders invisible those who are at the intersection of two or more grounds; whereas finding an appropriate comparator is difficult in intersectionality cases;
Amendment 9 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas while the term “intersectional discrimination” is widely used, there is a lack of a common understanding of the term at EU and Member State level, resulting in different approaches to the issue;
Amendment 10 #
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the patchwork of EU anti- discrimination legislation, namely Racial Equality Directive, Employment Equality Directive and a further set of gender equality directives have differing scopes and focus on different grounds of discrimination, creating gaps and an artificial hierarchy of grounds, resulting in structural obstacles to intersectionality; whereas the EU anti-discrimination legislation contain an exhaustive list of grounds, limiting the possibility for expansive understanding thereof with the aim of incorporating intersectional perspectives;
Amendment 13 #
Draft opinion
Recital B
Recital B
B. whereas the precarious situation faced by migrant domestic workers is an example where the intersectionality of race, gender, socio-economic status, migrant status and nationality is visible;
Amendment 18 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas a horizontal intersectional perspective is essential in any gender equality policy and goes hand in hand with addressing the synergistic threats of discrimination;
Amendment 35 #
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination and gender equality legislation and policies; emphasizes that intersectional perspective helps to uncover the cases of people who tend to be overlooked in conventional anti- discrimination frameworks, such as women at the intersections of race, religion, sexual orientation and gender identity, social class, disability, migrant status or age;
Amendment 41 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that intersectional discrimination leads to many women of colour and migrant women being overrepresented in unemployment or precarious, low-paid work, with a higher risk of exploitation and abuse;
Amendment 42 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that the EU anti- discrimination framework is mostly focused on the individual dimension of discrimination, which disregards the broader context, especially its institutional, structural and historical dimensions; urges the Commission and Member States to dedicate more attention to these dimensions of discrimination, both in research and policy-making, in order to understand it in its complexity and put in place effective measures to combat it;
Amendment 45 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination at all policy levels, especially racialised groups; Stresses the importance of taking into account the specific experience of women who have been victims of intersectional discrimination in the design, implementation and evaluation of relevant policies, including asylum, migration and integration policies;
Amendment 48 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for close cooperation with and involvement of civil society organisations working with communities at particular risk of experiencing intersectional discrimination in policy- making at EU, national and local levels;
Amendment 50 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the application of intersectional perspective to all existing policies and legislation with the aim of screening them for any indirect and unintended adverse effects such as re- marginalisation of some groups, in particular racialised women;
Amendment 61 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on forthcoming presidencies of the Council to make equal treatment and the fight against discrimination a key priority and; emphasizes the need to harmonise the scope and the reach of the anti-discrimination instruments in one horizontal instrument and therefore urges the Council to adopt without delay the Anti-Discrimination Directive; stresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupation;
Amendment 72 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to collect equality data disaggregated by gender, racial and ethnic origin, sexual orientation and identity based on voluntary participation, self-identification and informed consent, while protecting anonymity and confidentiality and respecting the key principles of the EU data protection legislation and fundamental rights. as well as the relevant national legal frameworks; emphasizes that the collection of such data should be utilized for the sole purpose of identifying the roots of discrimination in order to inform relevant policy-making; calls on the Commission to develop common methodology in this regard in order to ensure the comparability across Member States, accuracy and reliability of the data collected;
Amendment 78 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to develop common standards for recording methods for individual forms of discrimination, including the possibility to list more than one ground of discrimination concurrently with the aim to enable the capturing of the intersectionality in the statistics, especially gender-specific racism;
Amendment 79 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that in the past years the CJEU case law has reflected an intersectional approach to some extent, based on a capacious interpretation of some of the existing grounds under the EU anti-discrimination legislation drawing on the model of the Convention on the Elimination of Discrimination against Women (CEDAW) and the Convention on the Rights of People with Disabilities (CRPD) which regard women and persons with disabilities respectively as including intersections of disadvantage; fully supports further development and facilitation of such approach where possible, also in light of the flexibilities under Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 83 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
Amendment 84 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Urges the Commission and the Member States with the involvement of civil society organisations and affected groups to develop and implement public awareness-raising campaigns to counter the prejudices and biases prevalent among general population, especially those at the intersection of race and gender;