Why Decolonize Antidiscrimination Law?

A critique of the liberal-colonial rationality of the right to equality

Abstract

 https://doi.org/10.1590/2179-8966/2025/83410

This research aims to theorize and evaluate the influence of liberal-colonial logic on Antidiscrimination Law, proposing a decolonial approach to its analysis. It seeks to identify the consequences of this influence over the antidiscrimination commandment, such as the essentialization of identities and the prioritization of the individual over the collective. Using a theoretical-conceptual approach, this study highlights the need for a continuous and deep decolonial critique that refines the application of antidiscrimination norms and the protection of vulnerable groups for the effective protection of human rights. The results underscore the importance of reflecting on the colonized and colonizing bases of Antidiscrimination Law for the promotion of effective and inclusive transformation. This work represents an initial step for future politically engaged research in the decolonization of Antidiscrimination Law, aiming to strengthen the culture of human rights for a globally just and equitable perspective.