Attributes that need to be engraved into the judicial system
Racism is one topic that has been on the headlines during this economic recession period prompted by the COVID-19 pandemic. It is with great grieve and regret that a life was lost just due to the art of discrimination by color. The clarity and the opaque nature of the vice, racial discrimination, has been made transparent through the explosion of worldwide protests. As a result, various governments are looking towards mitigating efforts to form policies that would curb the eruption of an ordeal of such kind. Intersectionality, being a word that elaborates the nature of social categorization, has brought about the phenomenon of directive segregation. Discrimination and social class separation is something that has occurred in the history of time. The rich, wealthy, and dynasties would never interact with ordinary citizens. Also, the intermarriage would only happen between the wealthy; hindrance was made robust if anything contrary to the notion occurs. Unfortunately, the blacks came to be the victims of the slave trade even though they were not the first slaves. In fact, the whites, Slavs, were the first people to be used as a source of labor. Is it by fate or whatever the belief led to the current view of slaves related to people of color? Currently, since there is a thought of the diminishing nature of people with color, the intersectionality comes to a full understanding. Black women are widely discriminated against and thus become vulnerable through the art of social categorization. An analysis of one of the books by Kimberlé Crenshaw provides a validation of the views presented concerning Black women. This essay focuses on providing an analytical review of Kimberlé Crenshaw’s idea.
People exist at an intersection of multiple identities. The differences among people provide a unique clarification of status. This is one major descriptive reason why every person has a peculiar fingerprint. The pattern produced, by either the fingerprint or the orientation of the retina and muscles of the eye, avail a configuration that effectively brings the differentiation. In the life of human beings, such a description can be compared to the various social, wealth, environmental, geographical, and genic discrepancies that occur. The lifestyle people find themselves living is also a factor that comes into place since there is an aspect of influence. When an individual is picked and all the aspects in differentiation used, there is a resultant intersection that provides a pattern. The truth of such a statement is validated in the book written by Kimberlé Crenshaw.
The identity of black women as a result of intersectionality has been referred to as “compound” since it has undermined their status. “Black women are sometimes excluded from feminist theory and antiracist policy discourse because both are predicated on a discrete set of experiences that often does not accurately reflect the interaction of race and gender.” The existence of a person being black and a woman is a vulnerable occurrence as discrimination through appearance and sex makes her more undermines. It has been difficult to solve the issue since the judicial framework has turned out not to identify the importance of black feminists. Kimberlé Crenshaw writes about the occurrence of three cases, DeGraffenreid vs. General Motors, Moore vs. Hughes Helicopter, and Payne vs. Travenol. These cases have proved the lack of prioritization and separation.
From the rulings, it is possible to see that the court cannot differentiate between black males and black females; thus, no special cohort to cater to the needs of a black woman. The author of the article writes, “Black women can expect little protection as long as approaches, such as that in DeGraffenreid, which completely obscure problems of intersectionality prevail.” Also, the cases have proved the inability of the court to deal with intersectionality. DeGraffenreid’s case was satisfactory evidence of the courts refused to recognize the compound discrimination against Black women. Also, in the Moore case, the hindrance by the court to use the statistics that reflected on the sex disparity in jobs showed the possibility of sex discrimination. Travenol has a case that had it been told that black women are non-representants of an entire class since there might be a conflict from the cases where sex disadvantaged black women.
Although the government formulated the anti-discrimination law, there are several mishaps that intersectionally provides identity aiding discrimination. The treatment of the women through the sample of cases evidence the position of the law to the treatment of Black women. The fact that one is black brings a disparity of the judgment. Adding the undermining nature of women, as portrayed by society, bring the ordeal to a worse scenario.
Discrimination hits black women more than how it does to white women or even black men. The reason behind this experience is because they feel the discrimination directed to being a woman, sex discrimination, and also those to black men, racial discrimination. It is thus worth convincing for a special legislature to sit and formulate the policies that would encourage the strengthening of a black woman.
The web formed between intersectionality and doctrinal treatment brings the aspect of different treatment a black woman experiences. Discrimination has proceeded to identify a specific class of people. The heaviness of diminishing the quality of a person comes into place; then, discrimination comes twice.
The scope of the anti-discrimination law is limited; thus, racial and sexual discrimination is based on the experiences. It is unfortunate that most of the experience of sexual discrimination are formed from the basis of white woman experience. Another scale is that also, the privileged blacks and dominant males provide an illustration of racial discrimination. All these puts together suggest that the voice of an unprivileged black woman does not reach the justice system. The expression of the challenges of black women can only be referenced to the experience of white women and privileged blacks. Such a scenario is unjust to the person receiving the treatment, Black woman.
The notion existing in the mind of the majority has brought the aspect of an identity being more socially significant from the other. The existence of these disturbing thoughts is authored by historical proceedings. Also, the judicial system has influenced the public in aiding them to grasp the idea of weakness in being black and a woman. The context of feminism and rape has reflected on the gruesome acts which undermine the lives of a black woman. The law which governs rape crime in whites is not the same as that for blacks. There are instances where some courts in t=some states have neglected to recognize the chastity of a black woman.
The activism of Anna Julia Cooper availed the condemnation of Black male speaking for the females. Since the black woman experiences a higher degree of undermining than the rest of the population, there was a need for a black woman to speak for herself. There exist gender barriers that limit the extent to which they can stand and affirmatively declare their expressions.
In conclusion, the author, Kimberlé Crenshaw, has expressed various attributes that need to be engraved into the judicial system and also into the mind of individuals. It is a time where the struggle is getting tougher. Another level of approach to the state of black woman discrimination has to be sought to encourage equality. The cases of the three women have provided evidence of the different situations which avail the aspect of compound complexity in intersectionality. The thin line that exists in deducing the categories of identification has to be put away with since there is more of a negative result. The art of having sides has always created division and revolutions. The policymakers should put all measures to ensure all its citizens are encompassed with a law that is satisfactory to all. Discrimination is a vice that should be thrown in the sea of forgetfulness. Various black women have risen into posotu=ions and have shown the capability to manage more than the whites and their male counterparts. Embracing change is the key to innovation and progress. For the world to continue its development procedure and hope for a better future, it is high time to assimilate on the positive nature of all and thus avail the conducive atmosphere to accommodate all.