A/HRC/44/57 The idea of “intersectionality” seeks to capture both the structural and dynamic consequences of the interaction between two or more forms of discrimination or systems of subordination. It specifically addresses the manner in which racism, patriarchy, economic disadvantages and other discriminatory systems contribute to create layers of inequality that structures the relative positions of women and men, races and other groups. Moreover, it addresses the way that specific acts and policies create burdens that flow along these intersecting axes contributing to create a dynamic of disempowerment.110 51. The Committee on the Elimination of Racial Discrimination has clarified that the International Convention on the Elimination of All Forms of Racial Discrimination applies to multiple and intersecting forms of discrimination. 111 Furthermore, application of the Convention’s prohibition on racial discrimination should be pursued alongside the Convention on the Elimination of All Forms of Discrimination against Women (art. 1), the Convention on the Rights of Persons with Disabilities (art. 2) and the United Nations Declaration on the Rights of Indigenous Peoples (art. 2), which similarly prohibit or condemn direct and indirect forms of discrimination. 52. States should simultaneously seek to combat other forms of discrimination that intersect with race and ethnicity, and State obligations should be understood to require collection and analysis of disaggregated data that enable a better understanding of the human rights situation of groups and persons subject to multiple and intersecting structures of discrimination. In the context of emerging digital technologies, this means that anti-racial discrimination interventions must include meaningful attention to gender, disability status and other protected categories. In a recent report, the Working Group on Experts of People of African Descent provides an example of the nature of intersectional analysis that is essential in this area.112 B. Obligations to prevent and combat racial discrimination in the design and use of emerging digital technologies 53. The International Convention on the Elimination of All Forms of Racial Discrimination articulates a number of general State obligations that must be brought to bear in the specific context of emerging digital technologies. It establishes a legal commitment for all States parties to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation. Instead, States parties must pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms. 113 The Convention also requires States parties to take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists. 114 Furthermore, when the circumstances so warrant, States parties shall take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms.115 54. Under article 7 of the Convention, States have undertaken to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination. In other recent reports, the Special Rapporteur has articulated the human rights obligations that States have 110 111 112 113 114 115 16 See www.un.org/womenwatch/daw/csw/genrac/report.htm. Committee on the Elimination of Racial Discrimination, general recommendation No. 32. See A/HRC/42/59. Art. 2 (1) (a). Art. 2 (1) (c). Art. 2 (2).

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