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

Select target paragraph3