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CRITICL

Critical Race and Intersectional Theory In (Comparative) Criminal Law
Funder: European CommissionProject code: 101211530 Call for proposal: HORIZON-MSCA-2024-PF-01
Funded under: HE | HORIZON-TMA-MSCA-PF-EF Funder Contribution: 216,240 EUR
Description

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.

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