A/HRC/59/62 by qualitative data that capture the lived experiences of those who have been affected by intersectional discrimination.57 41. Given the important role that disaggregated and intersectional data can play in adopting intersectional approaches to discrimination, the Special Rapporteur is concerned about multiple reports of the lack of such data in many States. Some States collect little in the way of disaggregated data. Others may collect data that are partially disaggregated but not include all relevant identities and/or grounds for discrimination. For example, in several European countries, national origin is included in data collection, while race and ethnicity are excluded.58 The use of such proxies for race and ethnicity undermines the effectiveness of data and contributes to the “invisibilization” of marginalized race and ethnic groups and their experiences.59 Some States may include disaggregation within some data-collection tools, such as the census, but not mainstream this level of disaggregation into all government data. For example, in Mexico, participants in the census can reportedly identify as being of African descent but data on occupation, employment, security and health are not disaggregated in the same way.60 States that do collect some forms of disaggregated data commonly do not do so in a way that captures the situation of those experiencing intersectional discrimination.61 42. While recognizing the challenges that States can face in collecting fully disaggregated data that capture intersectionality, the Special Rapporteur stresses the important role that such data play in the development of an intersectional approach. She asserts that the challenges faced by States can be overcome by adherence to selfidentification and consent, alignment with human rights law and guidelines and the full and effective participation of those with lived experiences of systemic racism and intersectional discrimination in the design, implementation and evaluation of data collection and analysis systems.62 Recognition of multiple and intersectional discrimination within national legal frameworks 43. Evolving beyond what Kimberlé Crenshaw described as the “single-axis framework that is dominant in antidiscrimination law”63 to recognize and address intersectional forms of discrimination within national legal frameworks is an important element of an intersectional approach. Legal recognition of multiple and intersectional discrimination within comprehensive anti-discrimination legislation ensures that it is prohibited within national legal frameworks. Failure to provide such legal recognition contributes to the “invisibilization” of marginalized racial and ethnic groups and the true extent of their experiences of discrimination and the resulting harms. Comprehensive anti-discrimination legislation, inclusive of multiple and intersectional discrimination, also provides the legal basis necessary for those affected by intersectional discrimination to access effective remedies, as will be explored further below. 44. As outlined in the international human rights law framework above, several United Nations human rights bodies have recommended that intersectional discrimination be included within the prohibition of discrimination articulated within multiple treaties and therefore codified in the national legal frameworks of States. Despite these recommendations, limited progress has been made in moving away from a single-axis 57 58 59 60 61 62 63 14 See A/HRC/57/67. OHCHR, “Disaggregated data to advance the human rights of people of African descent”. Center for Intersectional Justice, “Intersectional discrimination in Europe: relevance, challenges and ways forward” (European Network Against Racism). Submission from RacismoMX. Submissions from European Union Agency for Fundamental Rights, Geledés, Careers in Colour, African Sovereignty and Reparations Representatives, RacismoMX, Ontario Human Rights Commission, Zagros Centre for Human Rights, Human Rights Institute of Catalonia and Prometheus Institute for Democracy and Human Rights. OHCHR, “Disaggregated data to advance the human rights of people of African descent”; and OHCHR, “A human rights-based approach to data: leaving no behind in the 2030 Agenda for Sustainable Development” (Geneva, 2018). “Demarginalizing the intersection of race and sex”. GE.25-07755