A/HRC/59/62
regulates the lives of tens of millions of migrant workers, including domestic workers, often
from African and South Asian countries, who seek job opportunities in Middle Eastern
countries. This system ties migrant workers’ immigration status to their employers or
sponsors and has contributed, in many cases, to workers being trapped in hazardous and
exploitative conditions of labour and experiencing a range of related human rights
violations. Women domestic workers are particularly vulnerable to exploitation and abuse
because of the kafalah system and the fact that they live in employers’ homes, which are
not covered by labour regulation systems. Such domestic workers often experience
violence, including sexual violence. The kafalah system reportedly reflects deep-rooted
hierarchies based on race, gender, colour, religion and class, which are legacies of historical
patterns of slavery in the region. Despite some reforms to the system, many migrant
workers remain locked in conditions of oppression and exploitation.30
23.
Complex, systemic and intersectional patterns of discrimination particularly affect
women from racially and ethnically marginalized communities in the criminal justice
system in the United States, including women who have received the death sentence or who
are at risk of being sentenced to death. The Special Rapporteur received information
indicating that systemic racism and intersectional discrimination made women from
marginalized racial and ethnic groups, including women of African descent and Latina
women, more vulnerable to adverse life experiences, including living in poverty, having a
disability and being exposed to gender-based violence. Research suggests that these adverse
life experiences are common among women who have received the death penalty. Women
from marginalized racial and ethnic groups also commonly face the compounded impact of
racial and gender biases within the criminal justice system, shaped by legacies of
enslavement and segregation, which can contribute to them receiving the death penalty,
even if they have no prior violent criminal history.31
24.
The Special Rapporteur received information about discriminatory laws targeting
LGBTQ+ persons being introduced in the Russian Federation, with distinct and
compounding effects on those experiencing discrimination and marginalization on multiple
and intersecting grounds. Such laws, including a ban on gender-affirming therapy and the
Supreme Court banning the LGBTQ+ movement and designating it as “extremist” and
extending a “gay propaganda ban” to prohibit any offline and online “promotion of nontraditional sexual relations” to those of all ages. The introduction and expansion of
discriminatory laws and the interlinked and mutually reinforcing social stereotyping and
hostility that accompanies such legislative repression have a disproportionately harmful
impact on individuals who face additional forms of marginalization based on gender,
ethnicity, religion, age, or regional origin. These overlapping vulnerabilities, experienced
differently by a diverse range of persons, result in compounded exclusion, heightened risks
and structural invisibility.32
25.
Roma persons across Europe experience systemic exclusion in education,
employment, healthcare, including sexual and reproductive health services, and housing.
Racialized stereotyping, hate speech and hate-motivated violence further exacerbate their
marginalization, revealing the deep-rooted racial injustices that they face. Roma persons
face this structural, institutional and intersectional discrimination and social exclusion on
multiple grounds including ethnicity, race, class, traditional work and occupation, descent,
migration status and/or education. Roma women, young people, older persons, LGBTQ+
persons and persons with disabilities face compounded manifestations of this systemic
discrimination based on age, gender, sexual orientation and disability. For example, Roma
30
31
32
8
See CERD/C/QAT/CO/22-23; CERD/C/KWT/CO/21-24; CERD/C/ARE/CO/18-21;
CERD/C/LBN/CO/23-24; CERD/C/SAU/CO/10-11; Katie McQue, “Every day I cry’: 50 women talk
about life as a domestic worker under the Gulf’s kafala system”, The Guardian, 25 April 2024; and
submission from Amman Centre for Human Rights.
See A/HRC/56/68/Add.1; and submission from Advocates for Human Rights, Cornell Center on the
Death Penalty Worldwide and World Coalition Against the Death Penalty.
See communications RUS 20/2023, RUS 28/2023 and RUS 11/2024 (available from
https://spcommreports.ohchr.org/Tmsearch/TMDocuments). See also submission from Coming Out,
Crisis Group “Marem” and Northern Caucasus SOS Crisis Group.
GE.25-07755