Renee Hatcher Feminist Legal Theory Conference Intersectionality And Development: Exploring Equity in All Dimensions in Development Renee Hatcher Feminist Legal Theory Conference

Intersectional Approach to Equitable Development Equitable Development: What it is? Why we need it? Equitable Framework Legal Regime and Interventions Theories of Curb-cut Effect, Mainstreaming Gender, and Solidarity Economy Conclusion

Equitable Development: Development has largely been a something that has been done to communities, as opposed to done with communities Equitable development is driven by priorities and expectations that the outcomes from development need to be responsive to underserved populations and vulnerable groups Equity recognizes that there are different outcomes for different people in this country based on their identities (race, class, gender, ability, sexual orientation) Equity seeks to push the discourse past protection of marginalized groups towards discourse about transformation (eventually protection is not a necessity) Recognizes that the same systems and structures that we currently utilize for protection can also contribute to the very same inequities.

Inequitable Development: Barriers to Access and Full Participation Environmental Barriers- Built environment, design, and burdens (zoning black neighborhoods to allow for environmentally hazardous development, Flint water crisis, indigenous lands have been contaminated) Attitudinal Barriers- the ways in which individuals and prejudice can produce inequitable outcomes (White flight, perceptions about black neighbors) Policy or programmatic barriers- the ways in which certain groups have been excluded or privileged in policy or programming (FHA redlining, GI Bill)

Legal Regime and Interventions in Addressing Equity The state in some way touches all aspects of development (from publicly built infrastructure and land-use regulations, to regulating private corporations). Historically, legal interventions to further equity in development have been limited., but exists. Architecture Barriers Act of 1968 ADA of 1990- private housing, education, employment public services 1973 Rehabilitation Act- program or activity, federal funds Ex. Order 12898- environmental racism and historically disparaged communities Fair Housing Act on 1968/Housing and Community Development Act of 1974

Achieving Equitable Development: A Framework Three dimensions of a substantive equity framework: Contextual Equity- incorporates the historical socioeconomic conditions that limit or facilitate people’s access to decision-making procedures, resources, and therefore benefits. Procedural Equity- refers to the fairness in the decision-making process, participation, and decision-making. Distributive Equity-refers to the allocations of benefits, risks, costs, and losses. Distributive decisions can be based on equality, merit, need, or social welfare.

Curb-Cut Effect Theory Curb-cut effect: laws and policies designed to benefit vulnerable groups, such as the disabled or people of color, often end up benefiting all of society. When we ignore the challenges faced by the most vulnerable among us, those challenges, magnified many times over, become a drag on economic growth, prosperity, and national well-being. Conversely, often focusing on the needs of one oppressed group might help all groups and strengthen the whole nation. Examples: children-seat belt legislation, African-Americans- affirmative action, Green Light Light Rail Corridor

Gender Mainstreaming Gender mainstreaming requires the following five steps in undertaking policy or development initiatives: 1) the consideration of gender differences and inequalities in the formulation of the policy issue to be addressed; 2) the needs assessment in the policy or development options of the initiatives; 3) assessment of the options based on gender; 4) determination of what constituencies will be consulted in the policy process; and 5) the formulation of the recommendations for a policy. Examples: Planning strategy used by several European cities

Solidarity Economy Solidarity Economy fully embraces equity in all dimensions Principles Solidarity Sustainability Equity in all dimensions Participatory democracy Pluralism Examples: Cooperation Jackson Richmond California

Intersectional EQUITY FRAMEWORK: Defining Equity Targets and Goals John Marshall Law School - Diversity Week 2017 Intersectional EQUITY FRAMEWORK: Defining Equity Targets and Goals Who counts as a target of equity? What is the goal of equity? How are the parameters of equity defined? (who, what why?) Content: What counts as equity?