A/HRC/59/62 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 disadvantage and other discriminatory systems contribute to the creation of layers of inequality that determine the relative positions of women and men, races and other groups. Moreover, it addresses the way that specific acts and policies create obstacles that exist along the intersecting axes, contributing actively to a dynamic of disempowerment.”11 9. As well as uncovering systemic human rights violations, intersectionality allows for an understanding and centring of the lived experiences of those who experience systemic racism and discrimination. When discussing definitions, it is important to note that an intersectional lens should not be understood as being used only to uncover patterns of discrimination and systemic oppression in lived experiences. Intersectionality can also be defined as an enriching and enabling framework, given that it allows for the recognition of multiple and fluid sources of self and the diversity of the human experience.12 Through the recognition of the diversity, autonomy and agency of those who have experienced discrimination, an intersectional lens can be a source of “social empowerment and reconstruction”.13 10. Intersectionality is both a concept and a framework that can guide responses to systemic racism and intersectional discrimination through exposing patterns of discrimination that may otherwise be hidden or overlooked in existing legal and policy frameworks. 14 Intersectionality has laid the foundation for understanding that systemic violence, such as racial discrimination, including caste-based discrimination, and genderbased violence, are not just cumulative but interconnected. The foundational recognition of the intersectional nature of discrimination and related systemic violence calls for the adoption of an intersectional response to enhance the protection of marginalized racial and ethnic groups.15 An intersectional approach demands the identification and disruption of the power structures and privilege, which are often a result of colonialism, enslavement, caste oppression and patriarchy, as interconnected systems of historical and contemporary oppression and marginalization. It places the lived experiences of those who experience racial, multiple and intersecting forms of discrimination at the centre and calls for actively ensuring the recognition and enablement of their autonomy and agency. It also recognizes that the experiences of discrimination of racially and ethnically marginalized communities, including caste-oppressed communities, are complex, fluid and never monolithic; static, one-size-fits-all responses to racial discrimination and intersectional discrimination will not be effective. In addition, taking an intersectional approach to discrimination is effective at identifying and debunking the racialization, racial stereotyping and caste prejudices that all too often rely on portraying racial and ethnic groups, including caste-oppressed communities, as homogenous. B. International human rights law framework 11. The principle of equality and non-discrimination is a cornerstone of international human rights law. Respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion is established as one of the purposes of the United Nations in Article 1 of the Charter of the United Nations. Furthermore, the Universal Declaration of Human Rights provides that everyone is entitled to all the rights and freedoms in the Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The core international human rights treaties have provisions that uphold equality and prohibit discrimination. The Special Rapporteur asserts that the comprehensive 11 12 13 14 15 4 A/HRC/41/54, para. 18. United Nations network on racial discrimination and protection of minorities, Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities. Crenshaw, “Mapping the margins”. A/HRC/57/67, para. 5. Human Rights Council resolution 47/21. GE.25-07755

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