Poverty as Misrecognition: What Role for Anti-Discrimination Law in Europe?

Ganty, Sarah

doi:10.2139/ssrn.3713704

Cited by 2 publications

(2 citation statements)

References 6 publications

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“…63 An academic scholar Sarah Ganty has noted, domestic protections against the stigmatization of the poor also exists within several EU Member States, including Belgium, Bulgaria, Croatia, the Czech Republic, Hungary, Latvia, Lithuania, Romania and Slovakia. 64 Article 14 of the European Convention on Human Rights also affords applicants the opportunity to claim protections against discrimination on grounds of their social condition. 65 However, these protections are rarely claimed and even more rarely granted.…”

Section: Wrongly Recognizing Class Within Human Rightsmentioning

confidence: 99%

Taking Class Seriously

Fagan¹

2023

Human Rights Quarterly

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This article critically analyzes the human rights perspective upon what has emerged as one of the most significant socioeconomic and political challenges confronting many millions of people residing within high-income, liberal democratic societies: rising poverty and socioeconomic inequality. This article argues that international and domestic human rights law and the social and political imaginaries of the wider human rights community largely fails to adequately diagnose and respond effectively to poverty and inequality within to high-income, liberal democratic societies. As a political and ethical doctrine founded upon a normative commitment to social justice, human rights should be taking the lead in efforts to condemn, understand and develop responses to the poverty and inequality which blight the lives of many millions of people within many of the world's most affluent and, allegedly, most "liberal" societies. Human rights law has historically not done so. We, as a community, have not done so. This article offers a specific explanation for this continuing failure, by focusing upon the absence of any concerted recognition of or engagement with social class as it contributes to and compounds our exposure to poverty and inequality. Human rights remain largely blind to the many ways in which social class is intricately connected to poverty and inequality. The human rights community within high-income, liberal democratic societies characteristically fails to take class seriously. Building upon previous writing in this area, this article explains why class is rarely recognized or engaged with by the human rights community. this article also sets out the basis for how we might begin the task of overcoming this highly damaging class blindness, to set the stage for what the author asserts as an urgent need if human rights is to provide the kind of political and ethical leadership required to effectively engage with poverty and inequality in affluent societies: the degentrification of human rights. I.COUNTING THE COSTS Poverty, inequality, and the wider and more extensive condition of socioeconomic precariousness have emerged as key challenges within high-income, liberal-democratic societies.Commentators across the political spectrum increasingly acknowledge and offer widely differinganalyses of what many have come to view as an existential threat to the current political order and establishment. Following decades of stagnating wages, the profound shock of the global financial crisis of 2008-2009, the resulting austerity programs which many governments

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Section: Wrongly Recognizing Class Within Human Rightsmentioning

confidence: 99%

Taking Class Seriously

Fagan¹

2023

Human Rights Quarterly

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“…49 On the other hand, poor people themselves are subjected to stereotyping, prejudice, stigma and discrimination because of their precarious situations. 50 In this regard, poverty is not only a consequence but also a cause of discrimination, creating a vicious cycle. As a matter of fact, an intersectional or additive approach of discrimination that includes, among others, status grounds related to the socioeconomic situation is particularly important when assessing the legality of the measures justified by public health protection in the context of the pandemicespecially the vaccination certificatesbecause it is a way to recognise that "privilege and disadvantage migrate across identity categories".…”

Section: A Discriminatory and Stereotyping Tool Against The Poormentioning

confidence: 99%

The Veil of the COVID-19 Vaccination Certificates: Ignorance of Poverty, Injustice towards the Poor

Ganty

2021

Eur. j. risk regul.

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Socioeconomic disadvantages are amplified by the COVID-19 pandemic all over the world. Public actions and omissions severely affect the poor, alongside their precarious living, health and working conditions. As we slowly prepare for the aftermath of the pandemic, thanks to the progression of vaccination, especially in developed countries, certain measures taken in this context, more specifically the “vaccination certificates”, are likely particularly to affect the poor, who usually also belong to other vulnerable groups such as ethnic minorities or single parents, and could eventually constitute for them a state of permanent quarantine. In this contribution, I argue that COVID-19 vaccination certificates are a slippery slope towards exclusion and stigmatisation of the poor through a bureaucratic system based on privileges that raises important questions in light of the fundamental rights of the people who reside at society’s margins, struggling to conform to the “phantom of normalcy”.

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Poverty as Misrecognition: What Role for Anti-Discrimination Law in Europe?

Cited by 2 publications

References 6 publications

Taking Class Seriously

Taking Class Seriously

The Veil of the COVID-19 Vaccination Certificates: Ignorance of Poverty, Injustice towards the Poor

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