Intersectionality and legal problem severity | Article

Key Finding 1

Our study in Western Australia sheds light on the profound relationship between intersectionality and legal problem severity for individuals with disabilities (Kalico Consulting for the WA Collaborative Services Planning Group, 2017). Intersectionality, a concept originating from social sciences, particularly from the work of scholar Kimberlé Crenshaw in the late 1980s, refers to the interconnected nature of social categorisations such as race, class, and gender as they apply to a given individual or group. These intersecting and overlapping social identities create a complex system of discrimination or disadvantage.

In the context of legal needs for individuals with disabilities, intersectionality emphasises the layered complexity of their experiences (ResearchGate, 2015). A person with a disability might also be experiencing socio-economic deprivation, belong to a minority ethnic group, or suffer from age or gender-related discrimination. These compounding factors can exponentially increase the severity and complexity of legal issues they face, creating an intersectional disadvantage.

Intersectionality is crucial in understanding the barriers to legal assistance for people with disability (Australian Human Rights Commission). Individuals at these intersections often experience heightened vulnerability and marginalisation, making it harder for them to access essential services, including legal help. Systemic barriers, such as prejudice within the legal system, can create additional hurdles. For example, a person with a cognitive disability might find the legal jargon and processes overwhelming. If the same person belongs to a low-income group or a cultural minority, these challenges are often compounded, making it even more difficult for them to access the legal support they need.

Moreover, physical disadvantages, such as limited mobility, can exacerbate these barriers further. Physical accessibility to legal services is a crucial issue, with legal offices, courtrooms, or meeting places often not designed with physical disabilities in mind.

The implications of these findings suggest that there is an urgent need to develop referral pathways tailored specifically for individuals with disability (Kalico Consulting for the WA Collaborative Services Planning Group, 2017). Legal service providers must work towards comprehensive solutions that consider the intersectional identities and challenges of their clients. This means not only accommodating their disability but also recognising and addressing the additional socio-economic and personal factors that may be at play.

These tailored referral pathways might include offering more accessible and straightforward legal communication, creating physically accessible spaces, and ensuring culturally sensitive service provision. Legal practitioners should also receive training to understand intersectionality better and recognise the additional challenges their clients may face (ResearchGate, 2015).

In conclusion, our research highlights intersectionality as a vital framework for understanding and addressing the legal needs of people with disability. By acknowledging the multi-dimensional barriers, a person faces, we can develop more effective, inclusive, and equitable legal support services to better meet a person’s needs.

Further Reading | Intersectionality and legal problem severity

(1) Exploring the intersection of human rights, health, disability and …. https://www.tandfonline.com/doi/full/10.1080/1323238X.2021.1882044.

(2) Legal Need in Western Australia. https://www.legalaid.wa.gov.au/sites/default/files/Legal_Need_in_Western_Australia.pdf.

(3) Disability in court: intersectionality and rule of law – ResearchGate. https://www.researchgate.net/publication/282514359_Disability_in_court_intersectionality_and_rule_of_law.

(4) About Disability Rights | Australian Human Rights Commission. https://humanrights.gov.au/our-work/disability-rights/about-disability-rights.