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CORDIS

Critical Race and Intersectional Theory In (Comparative) Criminal Law

Project description

Finding bias in European criminal justice

Criminal justice systems often present themselves as neutral. However, hidden biases exist and they can disproportionately affect minorities and vulnerable groups. Even with the EU’s framework of fairness, some laws may unintentionally reinforce discrimination. Supported by the Marie Skłodowska-Curie Actions programme, the CRITICL project will apply critical race and intersectional theories to uncover subtle prejudices embedded in criminal law. Focusing on procedural rights, CRITICL explores how race, gender, ethnicity, and other factors intersect to shape unequal treatment. The project will fill a gap in European legal research and develop targeted policy recommendations. Ultimately, CRITICL seeks to ensure that justice is truly fair for all.

Objective

The CRITICL (Critical Race and Intersectional Theory In (Comparative) Criminal Law) Project proposes to undertake an interdisciplinary European study of hidden biases and veiled discrimination in criminal justice, through the lens of critical race theory and intersectionality. Criminal law, like all legal disciplines, has long assumed a “universality” of function: that the law itself is neutral, capable of equal and indiscriminate application. Lady Justice, blindfolded and impartial, is figurative example, while the work of the European Union assumes neutrality as a key factor to promote integration. Yet, as Critical Race and Intersectional Theories (“CRIT”) show, the law itself may entrench and reinforce structures of subordination, inferiority and discrimination against particular (especially, minority and vulnerable) groups. Likewise, while modern legal systems may recognise different grounds for discrimination, such as race, gender, religion, ethnicity, sexual orientation, age, disability and neurodiversity, these are based on the social and historical processes that have shaped the constitutional traditions of each country. To date, however, neither CRIT nor discrimination within the criminal law have received much attention in either European or comparative legal scholarship. Through an analysis of procedural rights, CRITICL intends to fill this lacuna, both in the context of criminal law, and by adapting CRIT to the European (EU) (procedural right) context, through proffering European and national policy recommendations and guidelines by which the law’s current procedural rights inequalities can be eliminated.

Fields of science (EuroSciVoc)

Keywords

Programme(s)

Topic(s)

Funding Scheme

HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships

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Call for proposal

(opens in new window) HORIZON-MSCA-2024-PF-01

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Coordinator

UNIVERSITE DU LUXEMBOURG
Net EU contribution
€ 216 240,00
Address
2 PLACE DE L'UNIVERSITE
4365 ESCH-SUR-ALZETTE
Luxembourg
Region
Luxembourg Luxembourg Luxembourg
Activity type
Higher or Secondary Education Establishments
Links
Total cost
No data