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María Concepción Gorjón Barranco
Universidad de Salamanca
Spain
https://orcid.org/0000-0002-3831-4916
Vol 45 (2024), Articles, pages 1-29
DOI: https://doi.org/10.15304/epc.45.9497
Submitted: 01-11-2023 Accepted: 26-04-2024 Published: 01-06-2024
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Abstract

This work aims to analyze the difficulty that certain people face in achieving their rights when two or more discriminatory circumstances intersect simultaneously, such as ethnicity/race and gender. This is the case of African-migrant-women-prostitutes in Spain, as it is evidenced by the judgment of the European Court of Human Rights Beauty Solomon (B.S) vs. Spain of July 14, 2012. Through this case we will analyze the social structures that prevent prosecution and punishment of certain crimes where clearly racist and sexist attitudes are normalized. Traditional anti-discrimination criminal law based on isolated circumstances of discrimination will be criticized to later analyze the latest laws approved in Spain in 2022 that already incorporate the concept of intersectionality. A concept that is still too new to assess its application within the criminal code.