Intersectionality in Law: Insights from Dr. Elisabeth Kaneza
The podcast provided by (Re)searching Diversity – a community of early career women in social sciences, as they define themselves, was on intersectionality in law discussed by Dr. Elisabeth Kaneza, who is originally from Rwanda, – a researcher/scholar in legal and political fields, as well as a community outreach officer the German Center for Integration and Migration (DeZIM) in Berlin, Germany (Researching Diversity, 2024). DeZIM is "is a non-university research institution and is funded by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)", and has three research departments – Integration, Migration and Consensus and Conflict departments (DeZIM, 2024).
The podcast also discussed discrimination, general intersection, race and sex, and racial equality in law, as mentioned by one of the hosts. Further, the other host also mentions empowerment of researchers of color. Also, an article by Kimberlé Crenshaw (1989) about equality in law, the intersections of race and sex was discussed.
Dr. Elisabeth Kaneza's Research Focus
Dr. Kaneza studied "European Studies" and completed her master’s degree in "Intercultural Conflict Management". It is not clear whether she has already received her PhD degree, however, it is known that she is/was a doctoral student at the law faculty of University of Potsdam (Frankfurter Buchmesse, 2024). According to OHCHR (n.d.), her research focus is the rights of people of African descent both in Germany and Europe.
Dr. Kaneza explains that she got interested in the topics of racial equality in law and practice because it reflects her own "lived" experiences, as a woman and as a researcher of color.
Racial Inequality, Discrimination, and Intersectionality in Legal Systems
Legal systems play a huge role in promoting racial inequalities, as explained by Dr. Kaneza. This is something that also Benner (2017) highlights in her paper. She underscores that even if certain laws/legal frameworks exist, they are not always efficient (p. 251).
There are research gaps in Germany on discrimination. Dr. Kaneza highlights the need of research on history, slave trade and colonialism.
Dr. Kaneza gave a very clear example of what intersectionality is. For example, women can face discrimination, as well as black people. If you are a black woman, the overlapping experience of discrimination is what is called "intersectionality". Something similar we also see in the work of Schwartz and others (2018), where discrimination might be based on intersections between being a migrant (the focus here is on the United States) and being of "undesirable" nationality, such as being Mexican or Central American.
On the other hand, desirable migrant nationalities might be Canadians and Europeans, therefore they face less discrimination (p. 338). Also Benner (2017) highlights that "African-American and Latino youth are more likely to be targeted for discriminatory treatment . . . compared with girls of color, boys of color are seemingly more likely to be targets of racial/ethnic discrimination" (p. 252). Race matters in Germany. For black men, as an example, especially of foreign nationalities, racial profiling is very common. This perception might fall under "integrated threat theory" explained by Schwartz et al. (2018, also see Benner, 2017, p. 252). What’s even more interesting, is that statistics actually show that "immigrants are less likely than host nationals to be involved in criminal activities" (p. 338). What makes the situation worse, again, is the lack of efficient legislation regarding the issue.
Key Takeaways from the Podcast on Intersectionality and Discrimination
The podcast emphasized the need for more research on discrimination and racial inequalities, especially in legal systems where these issues are often underexplored. The concept of integrated threat theory, which highlights how foreign nationals, particularly Black men, face racial profiling despite lower involvement in criminal activities, was an insightful takeaway.
The discussion also addressed whether race, as a social construct, should continue to be used in legal and social contexts. While eliminating the concept of race might seem like a solution to combat discrimination, it remains necessary for effectively addressing racism and enacting appropriate laws. This tension is a topic worthy of further investigation.
Lastly, Dr. Kaneza's motivational remarks on academia and research left a strong impression, serving as inspiration for continued work in these critical areas.
Bibliography
Benner, A. (2017). The toll of racial/ethnic discrimination on adolescents' adjustment. Child development perspectives, 11(4), 251-256.
DeZIM (2024). German Centre for Integration and Migration Research (DeZIM). https://www.dezim-institut.de/en/institute/about-dezim/
Frankfurter Buchmesse (2024). Elisabeth Kaneza. https://www.buchmesse.de/en/timetable/speaker/elisabeth-kaneza
OHCHR (2024). Elisabeth Kaneza CV. https://www.ohchr.org/sites/default/files/Documents/Issues/Racism/IWG/Session16/ElisabethKanezaCV.docx
Researching Diversity (2024). Elisabeth Kaneza: Intersectionality in law. https://www.researchingdiversity.com/
Schwartz, S. J., Meca, A., Cano, M. Á., Lorenzo-Blanco, E. I., & Unger, J. B. (2018). Identity development in immigrant youth. European Psychologist.
Comments