A/HRC/59/62
52.
The Special Rapporteur recommends that States:
(a)
Centre the lived experiences of affected persons and groups within the
development, implementation, monitoring and evaluation of all elements of an
intersectional approach and gender perspective, through ensuring their full, effective
and meaningful participation in all policy, legal and other decision-making spaces;
(b)
Improve the accessibility of policy, legal and other decision-making
spaces through the provision of any necessary reasonable accommodations and by
addressing any barriers to access faced by those with experiences of intersectional
discrimination;
(c)
Integrate systemic, racial and historical analysis into the development,
implementation and monitoring of all responses to racism and intersectional
discrimination;
(d)
Ensure that comprehensive anti-discrimination legislation, which
includes the recognition and prohibition of multiple and intersectional discrimination,
is in place;
(e)
Ensure that the process of legally defining multiple and intersectional
discrimination is grounded in the lived experiences of all affected persons and groups
through their full and effective participation in relevant legislative processes;
(f)
Step up efforts to effectively implement laws and policies addressing
discrimination;
(g)
Ensure comprehensive consideration of intersectional discrimination in
the design and implementation of all special measures;
(h)
Consult with and seek the active participation of persons and groups
affected by systemic racism and intersectional discrimination in the design and
implementation of special measures, in line with an overall approach to intersectional
discrimination that is centred around the lived experiences of affected persons and
groups;
(i)
Raise public awareness about the importance and role of special
measures to combat intersectional discrimination and systemic inequalities to tackle
growing pushback;
(j)
Ensure the collection of comprehensive data disaggregated on the basis
of race, ethnicity, caste and all intersecting grounds for discrimination and develop
data systems that can capture multiple and intersectional forms of discrimination and
provide meaningful insight into the full and varied experiences of affected persons and
groups (in this respect, quantitative data can be complemented by qualitative data on
lived experiences of intersectional discrimination);
(k)
Ensure that all data-collection activities are conducted in line with
international human rights law provisions and relevant guidance, including
“Disaggregated data to advance the human rights of people of African descent:
progress and challenges” and “A human rights-based approach to data: leaving no
one behind in the 2030 Agenda for Sustainable Development”;
(l)
Provide disaggregated and intersectional data in reports to the United
Nations human rights monitoring bodies, including treaty bodies, special procedures
and the universal periodic review;
(m) Guarantee that those from marginalized racial and ethnic groups,
including caste-oppressed communities, who experience intersectional discrimination
can access effective remedies; to be effective, such remedies must be intersectional in
that they reflect the full extent of experiences of discrimination and the resulting
harms;
(n)
Address the structures of oppression and correlative privilege that
perpetuate systemic racism and intersectional discrimination through the
development and implementation of comprehensive and intersectional reparatory
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