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Intersectionality in a Web of Barriers: Deliberations on three theoretical approaches

European Union
Feminism
Policy-Making
Theoretical
Alba María Kugelmeier López
Otto-von-Guericke University Magdeburg
Alba María Kugelmeier López
Otto-von-Guericke University Magdeburg

Abstract

The paper begins by highlighting intersectionality as the absent theoretical cornerstone in gender equality policies. Despite a robust commitment within the recent gender equality policy program, 'Union of Equality: Gender Equality Strategy 2020-2025,' intersectionality remains noticeably absent from EU instruments, often misconstrued in its core theoretical definition. This raises the pivotal question: Why is there a disconnect between EU gender policy and intersectionality? The subsequent theoretical exploration for this absence encompasses feminist political economy, the EU legal system, and the regulatory state of the European Union. Firstly, employing the framework of feminist political economy, an intersectional understanding of equality challenges the economic foundation of the European Union, as it entails costs and necessitates resource reallocation (Cavaghan & Elomäki, 2021). Secondly, drawing upon Kelemen’s (2011) concept of Eurolegalism, the EU legal system impedes a progressive stance, unable to adequately address layers of discrimination within its current legislative framework. Thirdly, relying on regulation as the primary method of the regulatory state equates tools of equal treatment and opportunities but overlooks an appreciation of dynamic structural inequalities. This paper concludes by positing that a combination of these three theoretical explanations forms a web of barriers, serving as the primary impediment to theoretical alignment and, consequently, the absence of intersectionality in EU policymaking.