A/HRC/59/62
and ongoing oppression.43 It is therefore vital that such analyses inform all measures to
address systemic racism and intersectional discrimination. The Special Rapporteur is
concerned about information regarding the superficial and inconsistent use of the term
“intersectionality” without accompanying analysis of race, class, caste and privilege and the
oppressive systems that are at the root of the different layers of inequalities commonly
experienced by those from marginalized racial and ethnic groups. 44 This reflects a
concerning erasure of the foundational elements of an intersectional approach, which risks
diluting the transformative potential of the concept and framework to disrupt and dismantle
systemic racism and intersectional discrimination.
31.
It is more likely that intersectionality will be applied in a tokenistic and depoliticized
manner in legislative, policy and decision-making spaces that have historically been
racially exclusionary. Being aware of such risks and proactively applying systemic, racial
and historical analysis to contemporary patterns of racism and intersectional discrimination
and their root causes are therefore vital. Such systemic, racial and historical analysis should
inform the planning, implementation, monitoring and evaluation of all measures taken as
part of an intersectional approach. The lived experiences of those with experience of
systemic racism and intersectional discrimination and racially and ethnically disaggregated
data can both be important tools to inform such analysis.
Centring lived experiences through full and effective representation and participation
32.
The diverse and fluid lived experiences of those who have faced systemic racism
and intersectional discrimination are an important element of an intersectional approach.
Lived experiences provide authenticity and insight into the dynamics and manifestations of
multiple and intersecting forms of discrimination and can inform vital systemic, racial and
historical analysis. They can also offer a sound basis, alongside disaggregated data, as
discussed below, for the development, implementation and evaluation of measures to
address multiple and intersecting forms of discrimination. Listening to those with
experiences of systemic racism and intersectional discrimination also helps avoid
assumptions and stereotyping, which can often present marginalized racial and ethnic
groups as monolithic. Focusing on lived experiences within an intersectional framework
helps preserve authenticity and prevents the appropriation of marginalized experiences. It
moreover recognizes the autonomy and agency of those with experiences of systemic
racism and intersectional discrimination. The full and effective representation and
participation of marginalized racial and ethnic groups and caste-oppressed communities
within all policy, legal and other decision-making spaces are vital in this respect. The right
to participation is enshrined within international human rights law, including article 5 of the
International Convention on the Elimination of All Forms of Racial Discrimination and
articles 19, 21 and 25 of the International Covenant on Civil and Political Rights.
33.
Despite these provisions in international human rights law and the importance of
representation and participation to an intersectional approach, those with lived experiences
of facing multiple and intersecting forms of discrimination often face barriers to realizing
their rights in this regard. While the Special Rapporteur welcomes the information she
received from States such as Azerbaijan, El Salvador, Germany and Spain about efforts to
include the right to participation of those from marginalized racial and ethnic groups in
national policy measures, she also received concerning information about barriers to
representation and participation in a range of contexts. These include Dalit communities
experiencing low representation in policymaking in India; people of African descent not
being able to adequately realize their right to representation and participation in the United
States; the exclusion of women from minority groups in decision-making in Middle Eastern
countries; and racialized groups, particularly those from the global South, facing barriers to
participation in the work of the United Nations human rights mechanisms. 45 Barriers to
participation and representation persist despite the courageous and sustained efforts of anti43
44
45
GE.25-07755
See A/HRC/57/67.
Submissions from Sexual Rights Initiative and RacismoMX.
Submissions from African Sovereignty and Reparations Representatives, International Dalit
Solidarity Network, Zagros Centre for Human Rights and Sexual Rights Initiative.
11