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).