INTERSECTIONALITY AND GENDER: THE CASE OF NORTH MACEDONIA
DOI:
https://doi.org/10.46763/Schlagwörter:
intersectionality; structural discrimination; substantive equality; equality bodies; North MacedoniaAbstract
The increasing complexity of contemporary discrimination
demonstrates the limitations of traditional single-ground approaches to
equality law in addressing the lived experiences of individuals exposed
to multiple and mutually reinforcing forms of disadvantage. This paper
examines intersectionality not only as a theoretical framework for
understanding multiple discrimination, but also as a potential
governance approach for transforming equality legislation, institutional
practice, and access to justice. Using North Macedonia as a case study,
the research adopts a doctrinal and comparative legal methodology,
examining relevant developments in international human rights law,
European Union equality law, and the national anti-discrimination
framework, with particular emphasis on the role and practice of the
Commission for Prevention and Protection against Discrimination
(CPPD) as the national equality body. The findings indicate that, despite
significant developments in equality legislation over the past two
decades, legal and institutional responses to discrimination remain
predominantly structured around individual protected characteristics,
limiting their capacity to address intersecting and structural forms of
disadvantage. The analysis further suggests that a more systematic
integration of intersectionality into the interpretation and
implementation of equality law could strengthen institutional responses
and improve access to justice for individuals experiencing multiple
discrimination. The paper concludes that embedding intersectional
approaches within legislation, institutional decision-making, and the
work of the CPPD is essential for moving beyond fragmented protection
towards a more comprehensive and effective framework for substantive
equality in North Macedonia
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Literaturhinweise
Bell M. 2002. Anti-Discrimination Law and the European Union. Oxford, Oxford
University Press.
Bell M. 2008. Achieving Equality: The Role of Equality Bodies. In: European
Commission, Equality Bodies: Current Challenges. Brussels, European
Commission.
Bell M., Chopin I., Palmer F. 2007. Developing Anti-Discrimination Law in Europe:
The 25 EU Member States Compared. Luxembourg, European Commission
Directorate-General for Employment, Social Affairs and Equal
Opportunities.
Cho S., Crenshaw K.W., McCall L. 2013. Toward a Field of Intersectionality
Studies: Theory, Applications, and Praxis. Signs: Journal of Women in
Culture and Society, Vol. 38, No. 4, pp. 785–810.
Chopin I., Uyen Do T. 2014. Developing Anti-Discrimination Law in Europe: The
28 EU Member States, the Candidate Countries and the EFTA Countries up
to 1 January 2014. Luxembourg, Publications Office of the European Union.
Collins P.H. 2000. Black Feminist Thought: Knowledge, Consciousness, and the
Politics of Empowerment. 2nd Edition. New York, Routledge.
Charter of Fundamental Rights of the European Union. 2000. Solemn Proclamation
by the President of the European Parliament, the European Commission and
the Council of Ministers, Nice. Official Journal C 364/1, 7 December 2000.
[online] Available at: http://www.europarl.europa.eu/charter/pdf/text_en.pdf
[Accessed 1 July 2026].
Commission for Prevention and Protection against Discrimination of North
Macedonia. 2025. Annual Report on the Work of the Commission for
Prevention and Protection against Discrimination. Skopje, CPPD.
Committee on Economic, Social and Cultural Rights. 2009. General Comment No.
20: Non-discrimination in economic, social and cultural rights (Article 2,
paragraph 2, of the International Covenant on Economic, Social and Cultural
Rights), E/C.12/GC/20, 2 July 2009. [online] Available at:
https://www.ohchr.org/en/documents/general-comments-andrecommendations/general-comment-no20 [Accessed 1 July 2026].
Committee on the Elimination of Discrimination against Women. 2004. General
Recommendation No. 25 on Article 4, paragraph 1, of the Convention on the
Elimination of All Forms of Discrimination against Women, on temporary
special measures, CEDAW/C/GC/25, 2004. [online] Available at:
https://www.un.org/womenwatch/daw/cedaw/recommendations/General%20
recommendation%2025%20(English).pdf [Accessed 1 July 2026].
Committee on the Elimination of Discrimination against Women. 2010. General
Recommendation No. 28 on the Core Obligations of States Parties under
Article 2 of the Convention on the Elimination of All Forms of
Discrimination against Women, CEDAW/C/GC/28, 16 December 2010.
[online] Available at: https://www.ohchr.org/en/documents/generalcomments-and-recommendations/general-recommendation-no-28-coreobligations-states [Accessed 1 July 2026].
Committee on the Elimination of Discrimination against Women. 2015. General
Recommendation No. 33 on Women’s Access to Justice, CEDAW/C/GC/33,
3 August 2015. [online] Available at:
[Accessed 1 July 2026].
Committee on the Elimination of Discrimination against Women. 2017. General
Recommendation No. 35 on Gender-Based Violence against Women,
Updating General Recommendation No. 19, CEDAW/C/GC/35, 26 July
2017. [online] Available at: https://www.ohchr.org/en/documents/generalcomments-and-recommendations/general-recommendation-no35-2017-
gender-based-violence [Accessed 1 July 2026].
Committee on the Elimination of Discrimination against Women. S.B. and M.B. v.
North Macedonia, Communication No. 143/2019,
CEDAW/C/82/D/143/2019, adopted 2022.
Committee on the Elimination of Racial Discrimination. 2000. General
Recommendation No. 25 on Gender Related Dimensions of Racial
Discrimination, A/55/18, annex V, 20 March 2000. [online] Available at:
https://www.refworld.org/legal/general/cerd/2000/en/36991 [Accessed 1
July 2026].
Committee on the Rights of Persons with Disabilities. 2014. General Comment No. 1
(2014) on Article 12: Equal Recognition before the Law, CRPD/C/GC/1, 19
May 2014. [online] Available at:
[Accessed 1 July 2026].
Committee on the Rights of Persons with Disabilities. 2016. General Comment No. 3
(2016) on Women and Girls with Disabilities, CRPD/C/GC/3, 25 November
2016. [online] Available at: https://www.ohchr.org/en/documents/generalcomments-and-recommendations/general-comment-no3-women-and-girlsdisabilities [Accessed 1 July 2026].
Committee on the Rights of Persons with Disabilities. 2018. General Comment No. 6
(2018) on Equality and Non-Discrimination, CRPD/C/GC/6, 26 April 2018.
[online] Available at: https://www.ohchr.org/en/documents/generalcomments-and-recommendations/general-comment-no6-equality-and-nondiscrimination [Accessed 1 July 2026].
Committee on the Rights of Persons with Disabilities. 2018. General Comment No. 7
(2018) on the Participation of Persons with Disabilities through their
Representative Organizations, CRPD/C/GC/7, 9 November 2018. [online]
Available at: https://www.ohchr.org/en/documents/general-comments-andrecommendations/general-comment-no7-participation-persons-disabilities
[Accessed 1 July 2026].
Committee on the Elimination of Racial Discrimination. L.R. et al. v. Slovakia,
Communication No. 31/2003, CERD/C/66/D/31/2003, 2005.
Committee on the Rights of Persons with Disabilities. H.M. v. Sweden,
Communication No. 3/2011, CRPD/C/7/D/3/2011, Views adopted on 19
April 2012.
Committee on the Rights of Persons with Disabilities. Gemma Beasley v. Australia,
Communication No. 11/2013, CRPD/C/15/D/11/2013, Views adopted on 25
May 2016.
Committee on the Rights of Persons with Disabilities. F. v. Austria, Communication
No. 21/2014, CRPD/C/14/D/21/2014, Views adopted on 21 September 2015.
Committee on the Rights of Persons with Disabilities. Michael Lockrey v. Australia,
Communication No. 13/2013, CRPD/C/15/D/13/2013, Views adopted on 30
May 2016.
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). 1979. United Nations General Assembly Resolution 34/180, 18
December 1979. [online] Available at:
https://www.ohchr.org/en/instruments-mechanisms/instruments/conventionelimination-all-forms-discrimination-against-women [Accessed 1 July
2026].
Convention on the Rights of Persons with Disabilities. 2006. United Nations General
Assembly Resolution A/RES/61/106, adopted 13 December 2006. [online]