RT book part
T1 Individual and Collective Harm in Sex Discrimination
A1 Álvarez del Cuvillo, Antonio
A2 Derecho del Trabajo y de la Seguridad Social
K1 discrimination
K1 sex discrimination
K1 substantial equality
K1 feminist theory
K1 collective harm
K1 reverse discrimination
K1 indirect discrimination
AB The concept of discrimination appeared historically as a response to the ineffectiveness of the principle of formal equality to address certain systematic inequalities between human groups that are firmly rooted in our societies, such us the subordination of women. In this sense, it is connected with the idea of substantial equality that characterizes modern democracies. However, in its specific formulation, the anti-discrimination regulation tends to use the individualistic categories of our legal ideology, that are sometimes interpreted in a formalistic way by legal operators, turning victimized groups into abstract reasons for difference in treatment.Some feminist scholars have argued that the individualist notion of discrimination, linked to the Aristotelian notion of equality, is ineffective and in many cases even counterproductive to address the situation of oppression suffered by women. In order to reconstruct a group-based notion of sex discrimination it is necessary to provide a theory on the damage caused by discriminatory conduct, articulating individual and social harm. In this way many issues can be addressed, such as the justification of affirmative action measures, the possibility of reverse discrimination, the applicationof the concept of discrimination by association, the difference between discrimination and stigmatization or the question of whether men can bring claims of indirect discrimination to challenge the application of a criterion that harms them individually and women globally.
PB Springer
SN 978-3-031-75422-7 (físico)
YR 2024
FD 2024
LK http://hdl.handle.net/10498/35494
UL http://hdl.handle.net/10498/35494
LA eng
DS Repositorio Institucional de la Universidad de Cádiz
RD 11-nov-2026