A/HRC/59/62
factors can also play a role. Gaps in disaggregated data that capture intersectionality can be
an impediment to providing evidence of intersectional discrimination. Judicial
interpretation of the scope of anti-discrimination provisions can also narrow remedies,
particularly in countries where those with experiences of systemic racism and intersectional
discrimination are not adequately represented within the judiciary and broader legal system.
Those from marginalized racial and ethnic groups can also face more general barriers,
including discrimination among judicial professionals, lack of adequate access to legal aid,
geographical isolation from judicial systems and/or lack of adequate reasonable
accommodations for persons with disabilities, to accessing remedy.73
49.
The Special Rapporteur urges States to address these barriers, as effective remedies
for systemic racism and intersectional discrimination must be grounded in an intersectional
approach. It is vital to further highlight the importance of reparatory justice to addressing
systemic racism and intersectional discrimination. Broadening the scope of antidiscrimination laws is important but an intersectional approach goes deeper and demands
the identification, acknowledgement and remedy of the systemic nature of racism and
intersectional discrimination, as driven by crimes against humanity relating to colonialism,
enslavement, apartheid, caste oppression and patriarchy and related legacies of ongoing
oppression. There has been no comprehensive reparatory justice to date for the harms
suffered because of these crimes against humanity and the related oppressive systems. The
unremedied nature of past and, in some cases, ongoing atrocities fundamentally perpetuates
continuing systemic racism and intersectional discrimination.74 Therefore, a comprehensive
and structural approach to reparatory justice that accounts for historical wrongs and the
persistent structures of racial inequality, discrimination and subordination and intersectional
approaches to effectively addressing contemporary manifestations of racism are
interconnected and mutually reinforcing.
E.
Conclusions and recommendations
50.
Intersectionality is a powerful concept and framework for addressing systemic
racism and intersecting forms of discrimination, oppression, marginalization and
related human rights violations. It emerged from critical race theory and Black
feminism and was further adopted and developed by various historically marginalized
communities. It is an important approach to disrupting and dismantling systemic
racism and intersectional discrimination. As intersectionality becomes increasingly
integrated into mainstream human rights discourse, it is opportune and necessary to
recentre racial justice “as a fundamental and indispensable aspect”75 within dialogue
about the concept and framework. Moreover, it is timely to highlight the importance
and transformative potential of an intersectional approach, amid unprecedented
pushback on human rights, gender equality and anti-racism efforts.
51.
The international human rights law framework includes obligations for States
to prevent, address and remedy systemic racism and intersectional discrimination.
Despite such obligations, manifestations of intersectional discrimination affecting
racialized groups persist across countries and regions. To address systemic racism and
intersectional discrimination, urgent and bold action should be taken by States to
implement an intersectional approach, inclusive of all the key elements outlined by the
Special Rapporteur. Moreover, States, particularly those who benefited the most from
colonialism and enslavement, must invest in comprehensive and structural reparatory
justice approaches that account for historical wrongs and the persistent structures of
racial inequality, discrimination and subordination.
73
74
75
16
Submissions from Zagros Centre of Human Rights and African Sovereignty and Reparations
Representatives.
See A/74/321 and A/78/317.
Submission from Sexual Rights Initiative.
GE.25-07755