"Bringing critical race theory to Europe: the case of immigrant women"

Autor(es):
Fulvia Staiano

Publicação:
European Journal of Legal Studies, 8 (2), 2015

Resumo:
This article moves from the consideration that American critical race feminism (CRF) criticism of laws' pretence of universality as well as of its gender and racial essentialism may be fruitfully applied to the situation of immigrant women in contemporary Europe. Drawing from these criticism, expressed in relation to minority women, it aims to unveil the role of immigration law in creating and reinforcing immigrant women's experiences of exclusion. The article thus analyses selected provisions of supranational and national immigration law, with a special focus on two main aspects: the normative and judicial imposition to immigrant women of unviable requirements modelled on the experiences of citizen women, and the failure of laws to take into account their specific needs. In addition to performing a critical review of the gendered effects of immigration law in contemporary Europe, it will offer evidence of the relevance of critical race feminism beyond the time and geopolitical context in which it was developed.

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